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S.3163

Armed Forces and National Security

Reform and Update Rural Access to Local Exams Act of 2021 or the RURAL Exams Act of 2021 This bill updates policies and procedures related to covered medical disability examinations provided by the Department of Veterans Affairs (VA) and its contractors. Under the bill, covered medical disability examinations are those that are required for purposes of adjudicating specified VA benefits. First, the bill requires the VA to begin collecting data to improve veterans' access to covered medical disability examinations. The VA must study rural veterans' access to covered medical disability examinations and submit a plan to improve access. Additionally, the VA must ensure that contracts for the provision of covered medical disability examinations by contractors include specified elements. Specifically, such contracts must (1) include financial incentives to encourage timeliness in medical disability examination appointments for rural or housebound veterans, (2) include financial disincentives to encourage timeliness, and (3) require contractors to cooperate with inspections. Finally, the VA must establish a program of periodic inspections of sites, locations, and facilities where medical disability examinations are provided by VA contractors.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reform and Update Rural Access to Local Exams Act of 2021'' or the ``RURAL Exams Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. (2) Housebound.--The term ``housebound'', with respect to a veteran, means-- (A) the veteran meets the requirement of ``permanently housebound'' as described in section 1114(s) of title 38, United States Code; (B) the veteran meets the requirement of ``permanently housebound'' as described in section 1502(c) of such title; or (C) the Secretary has determined that the veteran faces significant difficulty in traveling to obtain a covered medical disability examination. (3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. (4) Rural veteran.--The term ``rural veteran'' means a veteran who resides in a rural area. SEC. 3. IMPROVING DATA COLLECTION BY DEPARTMENT OF VETERANS AFFAIRS ON COVERED MEDICAL DISABILITY EXAMINATIONS. (a) Data Collection Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin collecting data to improve access of veterans to covered medical disability examinations. (b) Elements.--Data collected under subsection (a) shall include data regarding the following: (1) Timeliness, quality, and veteran satisfaction measurements of covered medical disability examinations. (2) Proportion of completed covered medical disability examinations determined to be inadequate for the adjudication of a claim for compensation or pension under chapter 11 or 15 of title 38, United States Code. (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. (c) Disaggregation of Data.--The Secretary shall disaggregate data collected under subsection (a) by-- (1) State; (2) county; and (3) as the case may be-- (A) individual contractor with a Department of Veterans Affairs contract for the provision of a covered medical disability examination; or (B) individual Veterans Health Administration facility conducting a covered medical disability examination. (d) Publication.--Not later than one year after the date of the enactment of this Act, the Secretary shall make publicly available on an internet website, and updated not less frequently than quarterly, all data collected under subsection (a). SEC. 4. STUDY ON IMPROVEMENTS TO DEPARTMENT OF VETERANS AFFAIRS COVERED MEDICAL DISABILITY EXAMINATIONS IN RURAL AREAS. (a) Study Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a study on access by rural veterans to covered medical disability examinations. (b) Elements.-- (1) In general.--The study conducted under subsection (a) shall include the following: (A) A comparison of the average number of days to complete covered medical disability examinations for rural veterans compared to the national non-rural average time to complete covered medical disability examinations, by either contractors or employees of the Department. (B) A root cause analysis of differences identified pursuant to subparagraph (A). (C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). (d) Annual Report on Plans.--Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter, 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 evaluating the conduct of the plans of the Secretary to improve access described in subsection (a) and a new or revised plan for such improvement in the following year. SEC. 5. DEPARTMENT OF VETERANS AFFAIRS TIMELINESS REQUIREMENTS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS BY CONTRACTORS TO RURAL AND HOUSEBOUND VETERANS. In each contract entered into by the Secretary of Veterans Affairs after the date of the enactment of this Act for the provision by a contractor of a covered medical disability examination, the Secretary shall include the following: (1) Such financial incentives as the Secretary considers appropriate to encourage a contractor to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. (2) Such financial disincentives as the Secretary considers appropriate to discourage a contractor from failing to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. (3) A requirement that the contractor cooperate with inspections conducted under the program required by section 6(a). SEC. 6. ANNUAL INSPECTIONS BY DEPARTMENT OF VETERANS AFFAIRS OF FACILITIES USED BY CONTRACTORS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS. (a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. (b) Number and Periodicity.-- (1) In general.--Under the program required by subsection (a), the Secretary shall, each year, inspect not fewer than three percent of all sites, locations, and facilities used by a contractor of the Department to provide a covered medical disability examination during the previous one-year period. (2) Initial inspections.--Paragraph (1) shall apply with respect to the first one-year period beginning after the date of the establishment of the program pursuant to subsection (a) and each year thereafter. (c) Selection of Sites, Locations, and Facilities for Inspection.-- Under the program required by subsection (a), the Secretary shall-- (1) use both random and targeted methods of selecting sites, locations, and facilities for inspection; and (2) ensure that the number of inspections of sites, locations, and facilities in rural areas bears the same ratio to the total number of inspections as the number of covered medical disability examinations provided by contractors of the Department to rural veterans bears to the total number of covered medical disability examinations provided by contractors of the Department to all veterans. (d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. (e) Elements.--Each inspection conducted under the program required by subsection (a) shall include inspection of a site, location, or facility for the following: (1) Compliance with the terms of any applicable contract. (2) Compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (3) Cleanliness. (4) General fitness for a covered medical disability examination. (5) Such other elements as the Secretary considers necessary to ensure that covered medical disability examinations provided on behalf of the Department are safe, clean, accessible, and dignified. (f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report. <all>

RURAL Exams Act of 2021

A bill to improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes.

RURAL Exams Act of 2021 Reform and Update Rural Access to Local Exams Act of 2021

Sen. Tester, Jon

D

MT

This bill updates policies and procedures related to covered medical disability examinations provided by the Department of Veterans Affairs (VA) and its contractors. Under the bill, covered medical disability examinations are those that are required for purposes of adjudicating specified VA benefits. First, the bill requires the VA to begin collecting data to improve veterans' access to covered medical disability examinations. The VA must study rural veterans' access to covered medical disability examinations and submit a plan to improve access. Additionally, the VA must ensure that contracts for the provision of covered medical disability examinations by contractors include specified elements. Specifically, such contracts must (1) include financial incentives to encourage timeliness in medical disability examination appointments for rural or housebound veterans, (2) include financial disincentives to encourage timeliness, and (3) require contractors to cooperate with inspections. Finally, the VA must establish a program of periodic inspections of sites, locations, and facilities where medical disability examinations are provided by VA contractors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reform and Update Rural Access to Local Exams Act of 2021'' or the ``RURAL Exams Act of 2021''. 2. DEFINITIONS. (3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. 3. (b) Elements.--Data collected under subsection (a) shall include data regarding the following: (1) Timeliness, quality, and veteran satisfaction measurements of covered medical disability examinations. 4. (B) A root cause analysis of differences identified pursuant to subparagraph (A). (C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). 5. DEPARTMENT OF VETERANS AFFAIRS TIMELINESS REQUIREMENTS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS BY CONTRACTORS TO RURAL AND HOUSEBOUND VETERANS. SEC. 6. (c) Selection of Sites, Locations, and Facilities for Inspection.-- Under the program required by subsection (a), the Secretary shall-- (1) use both random and targeted methods of selecting sites, locations, and facilities for inspection; and (2) ensure that the number of inspections of sites, locations, and facilities in rural areas bears the same ratio to the total number of inspections as the number of covered medical disability examinations provided by contractors of the Department to rural veterans bears to the total number of covered medical disability examinations provided by contractors of the Department to all veterans. (d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. 12101 et seq.).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reform and Update Rural Access to Local Exams Act of 2021'' or the ``RURAL Exams Act of 2021''. 2. (3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. 3. (b) Elements.--Data collected under subsection (a) shall include data regarding the following: (1) Timeliness, quality, and veteran satisfaction measurements of covered medical disability examinations. 4. (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). 5. DEPARTMENT OF VETERANS AFFAIRS TIMELINESS REQUIREMENTS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS BY CONTRACTORS TO RURAL AND HOUSEBOUND VETERANS. SEC. 6. (c) Selection of Sites, Locations, and Facilities for Inspection.-- Under the program required by subsection (a), the Secretary shall-- (1) use both random and targeted methods of selecting sites, locations, and facilities for inspection; and (2) ensure that the number of inspections of sites, locations, and facilities in rural areas bears the same ratio to the total number of inspections as the number of covered medical disability examinations provided by contractors of the Department to rural veterans bears to the total number of covered medical disability examinations provided by contractors of the Department to all veterans. (d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reform and Update Rural Access to Local Exams Act of 2021'' or the ``RURAL Exams Act of 2021''. 2. DEFINITIONS. (3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. 3. (b) Elements.--Data collected under subsection (a) shall include data regarding the following: (1) Timeliness, quality, and veteran satisfaction measurements of covered medical disability examinations. (2) Proportion of completed covered medical disability examinations determined to be inadequate for the adjudication of a claim for compensation or pension under chapter 11 or 15 of title 38, United States Code. (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. (d) Publication.--Not later than one year after the date of the enactment of this Act, the Secretary shall make publicly available on an internet website, and updated not less frequently than quarterly, all data collected under subsection (a). 4. (b) Elements.-- (1) In general.--The study conducted under subsection (a) shall include the following: (A) A comparison of the average number of days to complete covered medical disability examinations for rural veterans compared to the national non-rural average time to complete covered medical disability examinations, by either contractors or employees of the Department. (B) A root cause analysis of differences identified pursuant to subparagraph (A). (C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). 5. DEPARTMENT OF VETERANS AFFAIRS TIMELINESS REQUIREMENTS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS BY CONTRACTORS TO RURAL AND HOUSEBOUND VETERANS. (2) Such financial disincentives as the Secretary considers appropriate to discourage a contractor from failing to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. SEC. 6. ANNUAL INSPECTIONS BY DEPARTMENT OF VETERANS AFFAIRS OF FACILITIES USED BY CONTRACTORS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS. (2) Initial inspections.--Paragraph (1) shall apply with respect to the first one-year period beginning after the date of the establishment of the program pursuant to subsection (a) and each year thereafter. (c) Selection of Sites, Locations, and Facilities for Inspection.-- Under the program required by subsection (a), the Secretary shall-- (1) use both random and targeted methods of selecting sites, locations, and facilities for inspection; and (2) ensure that the number of inspections of sites, locations, and facilities in rural areas bears the same ratio to the total number of inspections as the number of covered medical disability examinations provided by contractors of the Department to rural veterans bears to the total number of covered medical disability examinations provided by contractors of the Department to all veterans. (d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. (2) Compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (3) Cleanliness. (4) General fitness for a covered medical disability examination.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reform and Update Rural Access to Local Exams Act of 2021'' or the ``RURAL Exams Act of 2021''. 2. DEFINITIONS. (2) Housebound.--The term ``housebound'', with respect to a veteran, means-- (A) the veteran meets the requirement of ``permanently housebound'' as described in section 1114(s) of title 38, United States Code; (B) the veteran meets the requirement of ``permanently housebound'' as described in section 1502(c) of such title; or (C) the Secretary has determined that the veteran faces significant difficulty in traveling to obtain a covered medical disability examination. (3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. 3. IMPROVING DATA COLLECTION BY DEPARTMENT OF VETERANS AFFAIRS ON COVERED MEDICAL DISABILITY EXAMINATIONS. (b) Elements.--Data collected under subsection (a) shall include data regarding the following: (1) Timeliness, quality, and veteran satisfaction measurements of covered medical disability examinations. (2) Proportion of completed covered medical disability examinations determined to be inadequate for the adjudication of a claim for compensation or pension under chapter 11 or 15 of title 38, United States Code. (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. (c) Disaggregation of Data.--The Secretary shall disaggregate data collected under subsection (a) by-- (1) State; (2) county; and (3) as the case may be-- (A) individual contractor with a Department of Veterans Affairs contract for the provision of a covered medical disability examination; or (B) individual Veterans Health Administration facility conducting a covered medical disability examination. (d) Publication.--Not later than one year after the date of the enactment of this Act, the Secretary shall make publicly available on an internet website, and updated not less frequently than quarterly, all data collected under subsection (a). 4. STUDY ON IMPROVEMENTS TO DEPARTMENT OF VETERANS AFFAIRS COVERED MEDICAL DISABILITY EXAMINATIONS IN RURAL AREAS. (b) Elements.-- (1) In general.--The study conducted under subsection (a) shall include the following: (A) A comparison of the average number of days to complete covered medical disability examinations for rural veterans compared to the national non-rural average time to complete covered medical disability examinations, by either contractors or employees of the Department. (B) A root cause analysis of differences identified pursuant to subparagraph (A). (C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). 5. DEPARTMENT OF VETERANS AFFAIRS TIMELINESS REQUIREMENTS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS BY CONTRACTORS TO RURAL AND HOUSEBOUND VETERANS. (2) Such financial disincentives as the Secretary considers appropriate to discourage a contractor from failing to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. SEC. 6. ANNUAL INSPECTIONS BY DEPARTMENT OF VETERANS AFFAIRS OF FACILITIES USED BY CONTRACTORS FOR PROVISION OF COVERED MEDICAL DISABILITY EXAMINATIONS. (b) Number and Periodicity.-- (1) In general.--Under the program required by subsection (a), the Secretary shall, each year, inspect not fewer than three percent of all sites, locations, and facilities used by a contractor of the Department to provide a covered medical disability examination during the previous one-year period. (2) Initial inspections.--Paragraph (1) shall apply with respect to the first one-year period beginning after the date of the establishment of the program pursuant to subsection (a) and each year thereafter. (c) Selection of Sites, Locations, and Facilities for Inspection.-- Under the program required by subsection (a), the Secretary shall-- (1) use both random and targeted methods of selecting sites, locations, and facilities for inspection; and (2) ensure that the number of inspections of sites, locations, and facilities in rural areas bears the same ratio to the total number of inspections as the number of covered medical disability examinations provided by contractors of the Department to rural veterans bears to the total number of covered medical disability examinations provided by contractors of the Department to all veterans. (d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. (2) Compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (3) Cleanliness. (4) General fitness for a covered medical disability examination. (5) Such other elements as the Secretary considers necessary to ensure that covered medical disability examinations provided on behalf of the Department are safe, clean, accessible, and dignified.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( (4) Rural veteran.--The term ``rural veteran'' means a veteran who resides in a rural area. a) Data Collection Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin collecting data to improve access of veterans to covered medical disability examinations. ( (d) Publication.--Not later than one year after the date of the enactment of this Act, the Secretary shall make publicly available on an internet website, and updated not less frequently than quarterly, all data collected under subsection (a). b) Elements.-- (1) In general.--The study conducted under subsection (a) shall include the following: (A) A comparison of the average number of days to complete covered medical disability examinations for rural veterans compared to the national non-rural average time to complete covered medical disability examinations, by either contractors or employees of the Department. ( (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. ( d) Annual Report on Plans.--Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter, 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 evaluating the conduct of the plans of the Secretary to improve access described in subsection (a) and a new or revised plan for such improvement in the following year. In each contract entered into by the Secretary of Veterans Affairs after the date of the enactment of this Act for the provision by a contractor of a covered medical disability examination, the Secretary shall include the following: (1) Such financial incentives as the Secretary considers appropriate to encourage a contractor to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. ( (2) Initial inspections.--Paragraph (1) shall apply with respect to the first one-year period beginning after the date of the establishment of the program pursuant to subsection (a) and each year thereafter. ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (5) Such other elements as the Secretary considers necessary to ensure that covered medical disability examinations provided on behalf of the Department are safe, clean, accessible, and dignified. ( f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( 3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. ( (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. ( C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. ( (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. (b) Number and Periodicity.-- (1) In general.--Under the program required by subsection (a), the Secretary shall, each year, inspect not fewer than three percent of all sites, locations, and facilities used by a contractor of the Department to provide a covered medical disability examination during the previous one-year period. ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( 3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. ( (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. ( C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. ( (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. (b) Number and Periodicity.-- (1) In general.--Under the program required by subsection (a), the Secretary shall, each year, inspect not fewer than three percent of all sites, locations, and facilities used by a contractor of the Department to provide a covered medical disability examination during the previous one-year period. ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( (4) Rural veteran.--The term ``rural veteran'' means a veteran who resides in a rural area. a) Data Collection Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin collecting data to improve access of veterans to covered medical disability examinations. ( (d) Publication.--Not later than one year after the date of the enactment of this Act, the Secretary shall make publicly available on an internet website, and updated not less frequently than quarterly, all data collected under subsection (a). b) Elements.-- (1) In general.--The study conducted under subsection (a) shall include the following: (A) A comparison of the average number of days to complete covered medical disability examinations for rural veterans compared to the national non-rural average time to complete covered medical disability examinations, by either contractors or employees of the Department. ( (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. ( d) Annual Report on Plans.--Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter, 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 evaluating the conduct of the plans of the Secretary to improve access described in subsection (a) and a new or revised plan for such improvement in the following year. In each contract entered into by the Secretary of Veterans Affairs after the date of the enactment of this Act for the provision by a contractor of a covered medical disability examination, the Secretary shall include the following: (1) Such financial incentives as the Secretary considers appropriate to encourage a contractor to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. ( (2) Initial inspections.--Paragraph (1) shall apply with respect to the first one-year period beginning after the date of the establishment of the program pursuant to subsection (a) and each year thereafter. ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (5) Such other elements as the Secretary considers necessary to ensure that covered medical disability examinations provided on behalf of the Department are safe, clean, accessible, and dignified. ( f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( 3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. ( (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. ( C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. ( (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. (b) Number and Periodicity.-- (1) In general.--Under the program required by subsection (a), the Secretary shall, each year, inspect not fewer than three percent of all sites, locations, and facilities used by a contractor of the Department to provide a covered medical disability examination during the previous one-year period. ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( (4) Rural veteran.--The term ``rural veteran'' means a veteran who resides in a rural area. a) Data Collection Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin collecting data to improve access of veterans to covered medical disability examinations. ( (d) Publication.--Not later than one year after the date of the enactment of this Act, the Secretary shall make publicly available on an internet website, and updated not less frequently than quarterly, all data collected under subsection (a). b) Elements.-- (1) In general.--The study conducted under subsection (a) shall include the following: (A) A comparison of the average number of days to complete covered medical disability examinations for rural veterans compared to the national non-rural average time to complete covered medical disability examinations, by either contractors or employees of the Department. ( (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. ( d) Annual Report on Plans.--Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter, 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 evaluating the conduct of the plans of the Secretary to improve access described in subsection (a) and a new or revised plan for such improvement in the following year. In each contract entered into by the Secretary of Veterans Affairs after the date of the enactment of this Act for the provision by a contractor of a covered medical disability examination, the Secretary shall include the following: (1) Such financial incentives as the Secretary considers appropriate to encourage a contractor to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. ( (2) Initial inspections.--Paragraph (1) shall apply with respect to the first one-year period beginning after the date of the establishment of the program pursuant to subsection (a) and each year thereafter. ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (5) Such other elements as the Secretary considers necessary to ensure that covered medical disability examinations provided on behalf of the Department are safe, clean, accessible, and dignified. ( f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( 3) Rural area.--The term ``rural area'' means any non- urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. ( (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. ( C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. ( (c) Report on Study.--Not later than one year after the date of the enactment of this Act, 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 findings of the Secretary with respect to the study completed under subsection (a). ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. (b) Number and Periodicity.-- (1) In general.--Under the program required by subsection (a), the Secretary shall, each year, inspect not fewer than three percent of all sites, locations, and facilities used by a contractor of the Department to provide a covered medical disability examination during the previous one-year period. ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( ( ( (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. ( d) Annual Report on Plans.--Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter, 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 evaluating the conduct of the plans of the Secretary to improve access described in subsection (a) and a new or revised plan for such improvement in the following year. ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. ( ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( ( f) Annual Reports.--Not later than one year after the date of the establishment of the program required by subsection (a), 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 findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report.

To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes. In this Act: (1) Covered medical disability examination.--The term ``covered medical disability examination'' means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. ( ( ( (2) National non-rural average defined.--For purposes of paragraph (1)(A), the term ``national non-rural average'' means the national average of all periods in the previous calendar year-- (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. ( d) Annual Report on Plans.--Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter, 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 evaluating the conduct of the plans of the Secretary to improve access described in subsection (a) and a new or revised plan for such improvement in the following year. ( a) Program Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. ( ( d) Notice and Timing.--Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. ( (

Reform and Update Rural Access to Local Exams Act of 2021 or the RURAL Exams ACT of 2021 This bill directs the Department of Veterans Affairs (VA) to begin collecting data to improve access by rural veterans to covered medical disability examinations. The VA must: (1) complete a study on access by such veterans to such examinations; and (2) make such Directs the Secretary of Veterans Affairs to establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of veterans' services. (Sec. 6) Requires the Secretary to inspect at least three percent of all such sites each year. Requires such inspections to include inspection of a site, location, or facility for compliance with

S.4374

Armed Forces and National Security

Stop Price Gouging the Military Act This bill modifies Department of Defense acquisitions and negotiation processes to address transparency and pricing, including by requiring certain annual disclosures from large defense contractors.

To prevent price gouging at the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Price Gouging the Military Act''. SEC. 2. STRENGTHENING TRUTH IN NEGOTIATIONS ACT PROVISIONS. (a) Required Cost or Pricing Data and Certification.--Section 3702(a)(1) of title 10, United States Code, is amended by striking ``only expected to receive one bid shall be required'' and replacing with ``only expected to have one offeror, or for which award of a cost- reimbursement contract is contemplated regardless of the number of offers received, shall be required''. (b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. (c) Conforming Amendment Related to Civilian Contracts.--Section 3503(a)(2) of title 41, United States Code is by inserting after ``commercial service'' the following: ``based on adequate price competition that results in at least two responsive and responsible offers''. SEC. 3. REVISION OF DEFINITION OF TERM ``COMMERCIAL ITEM'' FOR PURPOSES OF FEDERAL PROCUREMENT STATUTES PROVIDING PROCEDURES FOR PROCUREMENT OF COMMERCIAL ITEMS. (a) Elimination of ``of a Type'' Criterion.--Section 103 of title 41, United States Code, is amended by striking ``of a type'' each place it appears. (b) Elimination of Items and Services Merely Offered for Sale, Lease, or License.-- (1) Items.--Section 103(1)(B) of title 41, United States Code, is amended by striking ``, or offered for sale, lease, or license,''. (2) Services.--Section 103a(2) of title 41, United States Code, is amended by striking ``offered and''. SEC. 4. PROGRESS PAYMENT INCENTIVE PILOT. (a) Pilot Program.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the ``Progress Payment Incentive Pilot Program'', to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. (b) Purpose.--The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (c) Progress Payments.-- (1) Limitations for large contractors.--Except as provided under paragraph (2), under the pilot program, the Department of Defense may not award to large business contractors progress payments in excess of 50 percent. (2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. (B) 10 percent if the division does not have open level III or IV corrective action requests. (C) 7.5 percent if all applicable contractor business systems are acceptable, without significant deficiencies. (D) 10 percent if at least 95 percent of the time during the preceding Government fiscal year, when responding to solicitations that required submission of certified cost or pricing data, the division met the due date in the request for proposal. (E) 5 percent if the contractor discloses first tier subcontractor data, the prime contractor's beneficial owners, and total compensation for recipient executives. (F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. (G) 3 percent if the contractor has provided subcontracting opportunities for the blind and severely disabled. (d) Definitions.--In this section: (1) Beneficial owners.--The term ``beneficial owner'' has the meaning given the term in section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116- 92; 133 Stat. 1505; 10 U.S.C. 2509 note). (2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). (3) First tier subcontractor.--The term ``first tier subcontractor'' means a subcontractor who has a subcontract directly with the prime contractor. (4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. (5) Progress payments.--The term ``progress payments'' means payments provided for under section 3804 of title 10, United States Code. SEC. 5. DISCLOSURE BY LARGE DEFENSE CONTRACTORS. (a) Annual Reporting.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to provide that large defense contractors shall be required to annually report to the Under Secretary of Defense for Acquisition and Sustainment the following information with regard to the covered year, as compared with the year preceding that covered year: (1) The percentage change in the volume of goods or services sold and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (2) The gross margins of the large defense contractor, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (3) Presented in tabular format, the share of the increase in revenue of the large defense contractor that is attributable to-- (A) a change in the cost of goods or services sold by the large defense contractor; and (B) a change in the volume of goods or services sold by the large defense contractor. (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. (5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the large defense contractor, which shall include-- (A) an explanation for any increase in the gross margins of material product categories, including-- (i) all material causes for such an increase; (ii) an explanation of how each such material cause affected such an increase; and (iii) a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the large defense contractor with respect to the prices of goods and services sold by the large defense contractor; (C) if the large defense contractor increased prices at a rate that was greater than the rate at which the costs incurred by the large defense contractor increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the large defense contractor plans to modify pricing after the date on which the large defense contractor submits the report. (b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a). (c) Penalties.--A knowing failure to disclose or update information in accordance with subsection (a) may result in-- (1) entry of the violation in the database for Federal agency contract and grant officers and suspension and debarment officials defined in section 2313 of title 41, United States Code; (2) imprisonment for not more than 5 years or a fine under title 18, United States Code, or both; (3) a civil fine of not more than $200,000, depending on the extent and gravity of the violation; (4) liability pursuant to section 3729 of title 31, United States Code; or (5) suspension or debarment. (d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years. <all>

Stop Price Gouging the Military Act

A bill to prevent price gouging at the Department of Defense.

Stop Price Gouging the Military Act

Sen. Warren, Elizabeth

D

MA

This bill modifies Department of Defense acquisitions and negotiation processes to address transparency and pricing, including by requiring certain annual disclosures from large defense contractors.

To prevent price gouging at the Department of Defense. This Act may be cited as the ``Stop Price Gouging the Military Act''. 2. (b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. 3. (b) Elimination of Items and Services Merely Offered for Sale, Lease, or License.-- (1) Items.--Section 103(1)(B) of title 41, United States Code, is amended by striking ``, or offered for sale, lease, or license,''. (b) Purpose.--The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (E) 5 percent if the contractor discloses first tier subcontractor data, the prime contractor's beneficial owners, and total compensation for recipient executives. (F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. 1505; 10 U.S.C. 2509 note). (5) Progress payments.--The term ``progress payments'' means payments provided for under section 3804 of title 10, United States Code. SEC. DISCLOSURE BY LARGE DEFENSE CONTRACTORS. (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the large defense contractor, which shall include-- (A) an explanation for any increase in the gross margins of material product categories, including-- (i) all material causes for such an increase; (ii) an explanation of how each such material cause affected such an increase; and (iii) a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the large defense contractor with respect to the prices of goods and services sold by the large defense contractor; (C) if the large defense contractor increased prices at a rate that was greater than the rate at which the costs incurred by the large defense contractor increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the large defense contractor plans to modify pricing after the date on which the large defense contractor submits the report. (b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a).

To prevent price gouging at the Department of Defense. This Act may be cited as the ``Stop Price Gouging the Military Act''. 2. (b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. 3. (b) Elimination of Items and Services Merely Offered for Sale, Lease, or License.-- (1) Items.--Section 103(1)(B) of title 41, United States Code, is amended by striking ``, or offered for sale, lease, or license,''. (b) Purpose.--The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (E) 5 percent if the contractor discloses first tier subcontractor data, the prime contractor's beneficial owners, and total compensation for recipient executives. (F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. 1505; 10 U.S.C. 2509 note). (5) Progress payments.--The term ``progress payments'' means payments provided for under section 3804 of title 10, United States Code. SEC. DISCLOSURE BY LARGE DEFENSE CONTRACTORS. (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. (b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a).

To prevent price gouging at the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Stop Price Gouging the Military Act''. 2. STRENGTHENING TRUTH IN NEGOTIATIONS ACT PROVISIONS. (b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. 3. REVISION OF DEFINITION OF TERM ``COMMERCIAL ITEM'' FOR PURPOSES OF FEDERAL PROCUREMENT STATUTES PROVIDING PROCEDURES FOR PROCUREMENT OF COMMERCIAL ITEMS. (b) Elimination of Items and Services Merely Offered for Sale, Lease, or License.-- (1) Items.--Section 103(1)(B) of title 41, United States Code, is amended by striking ``, or offered for sale, lease, or license,''. PROGRESS PAYMENT INCENTIVE PILOT. (b) Purpose.--The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (B) 10 percent if the division does not have open level III or IV corrective action requests. (C) 7.5 percent if all applicable contractor business systems are acceptable, without significant deficiencies. (E) 5 percent if the contractor discloses first tier subcontractor data, the prime contractor's beneficial owners, and total compensation for recipient executives. (F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. (d) Definitions.--In this section: (1) Beneficial owners.--The term ``beneficial owner'' has the meaning given the term in section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116- 92; 133 Stat. 1505; 10 U.S.C. 2509 note). (4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. (5) Progress payments.--The term ``progress payments'' means payments provided for under section 3804 of title 10, United States Code. SEC. DISCLOSURE BY LARGE DEFENSE CONTRACTORS. (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the large defense contractor, which shall include-- (A) an explanation for any increase in the gross margins of material product categories, including-- (i) all material causes for such an increase; (ii) an explanation of how each such material cause affected such an increase; and (iii) a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the large defense contractor with respect to the prices of goods and services sold by the large defense contractor; (C) if the large defense contractor increased prices at a rate that was greater than the rate at which the costs incurred by the large defense contractor increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the large defense contractor plans to modify pricing after the date on which the large defense contractor submits the report. (b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a). (c) Penalties.--A knowing failure to disclose or update information in accordance with subsection (a) may result in-- (1) entry of the violation in the database for Federal agency contract and grant officers and suspension and debarment officials defined in section 2313 of title 41, United States Code; (2) imprisonment for not more than 5 years or a fine under title 18, United States Code, or both; (3) a civil fine of not more than $200,000, depending on the extent and gravity of the violation; (4) liability pursuant to section 3729 of title 31, United States Code; or (5) suspension or debarment.

To prevent price gouging at the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Price Gouging the Military Act''. 2. STRENGTHENING TRUTH IN NEGOTIATIONS ACT PROVISIONS. (a) Required Cost or Pricing Data and Certification.--Section 3702(a)(1) of title 10, United States Code, is amended by striking ``only expected to receive one bid shall be required'' and replacing with ``only expected to have one offeror, or for which award of a cost- reimbursement contract is contemplated regardless of the number of offers received, shall be required''. (b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. 3. REVISION OF DEFINITION OF TERM ``COMMERCIAL ITEM'' FOR PURPOSES OF FEDERAL PROCUREMENT STATUTES PROVIDING PROCEDURES FOR PROCUREMENT OF COMMERCIAL ITEMS. (a) Elimination of ``of a Type'' Criterion.--Section 103 of title 41, United States Code, is amended by striking ``of a type'' each place it appears. (b) Elimination of Items and Services Merely Offered for Sale, Lease, or License.-- (1) Items.--Section 103(1)(B) of title 41, United States Code, is amended by striking ``, or offered for sale, lease, or license,''. PROGRESS PAYMENT INCENTIVE PILOT. (b) Purpose.--The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. (B) 10 percent if the division does not have open level III or IV corrective action requests. (C) 7.5 percent if all applicable contractor business systems are acceptable, without significant deficiencies. (E) 5 percent if the contractor discloses first tier subcontractor data, the prime contractor's beneficial owners, and total compensation for recipient executives. (F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. (G) 3 percent if the contractor has provided subcontracting opportunities for the blind and severely disabled. (d) Definitions.--In this section: (1) Beneficial owners.--The term ``beneficial owner'' has the meaning given the term in section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116- 92; 133 Stat. 1505; 10 U.S.C. 2509 note). (2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). (4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. (5) Progress payments.--The term ``progress payments'' means payments provided for under section 3804 of title 10, United States Code. SEC. DISCLOSURE BY LARGE DEFENSE CONTRACTORS. (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the large defense contractor, which shall include-- (A) an explanation for any increase in the gross margins of material product categories, including-- (i) all material causes for such an increase; (ii) an explanation of how each such material cause affected such an increase; and (iii) a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the large defense contractor with respect to the prices of goods and services sold by the large defense contractor; (C) if the large defense contractor increased prices at a rate that was greater than the rate at which the costs incurred by the large defense contractor increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the large defense contractor plans to modify pricing after the date on which the large defense contractor submits the report. (b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a). (c) Penalties.--A knowing failure to disclose or update information in accordance with subsection (a) may result in-- (1) entry of the violation in the database for Federal agency contract and grant officers and suspension and debarment officials defined in section 2313 of title 41, United States Code; (2) imprisonment for not more than 5 years or a fine under title 18, United States Code, or both; (3) a civil fine of not more than $200,000, depending on the extent and gravity of the violation; (4) liability pursuant to section 3729 of title 31, United States Code; or (5) suspension or debarment.

To prevent price gouging at the Department of Defense. b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. ( REVISION OF DEFINITION OF TERM ``COMMERCIAL ITEM'' FOR PURPOSES OF FEDERAL PROCUREMENT STATUTES PROVIDING PROCEDURES FOR PROCUREMENT OF COMMERCIAL ITEMS. ( a) Elimination of ``of a Type'' Criterion.--Section 103 of title 41, United States Code, is amended by striking ``of a type'' each place it appears. ( (2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. ( (2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( 4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. ( 2) The gross margins of the large defense contractor, which shall be broken down by material product categories, when relevant, and presented in a tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a). d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. STRENGTHENING TRUTH IN NEGOTIATIONS ACT PROVISIONS. ( c) Conforming Amendment Related to Civilian Contracts.--Section 3503(a)(2) of title 41, United States Code is by inserting after ``commercial service'' the following: ``based on adequate price competition that results in at least two responsive and responsible offers''. (a) Pilot Program.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the ``Progress Payment Incentive Pilot Program'', to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. ( 2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( B) 10 percent if the division does not have open level III or IV corrective action requests. ( 1505; 10 U.S.C. 2509 note). ( 2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. ( (d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. STRENGTHENING TRUTH IN NEGOTIATIONS ACT PROVISIONS. ( c) Conforming Amendment Related to Civilian Contracts.--Section 3503(a)(2) of title 41, United States Code is by inserting after ``commercial service'' the following: ``based on adequate price competition that results in at least two responsive and responsible offers''. (a) Pilot Program.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the ``Progress Payment Incentive Pilot Program'', to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. ( 2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( B) 10 percent if the division does not have open level III or IV corrective action requests. ( 1505; 10 U.S.C. 2509 note). ( 2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. ( (d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. ( REVISION OF DEFINITION OF TERM ``COMMERCIAL ITEM'' FOR PURPOSES OF FEDERAL PROCUREMENT STATUTES PROVIDING PROCEDURES FOR PROCUREMENT OF COMMERCIAL ITEMS. ( a) Elimination of ``of a Type'' Criterion.--Section 103 of title 41, United States Code, is amended by striking ``of a type'' each place it appears. ( (2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. ( (2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( 4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. ( 2) The gross margins of the large defense contractor, which shall be broken down by material product categories, when relevant, and presented in a tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a). d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. STRENGTHENING TRUTH IN NEGOTIATIONS ACT PROVISIONS. ( c) Conforming Amendment Related to Civilian Contracts.--Section 3503(a)(2) of title 41, United States Code is by inserting after ``commercial service'' the following: ``based on adequate price competition that results in at least two responsive and responsible offers''. (a) Pilot Program.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the ``Progress Payment Incentive Pilot Program'', to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. ( 2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( B) 10 percent if the division does not have open level III or IV corrective action requests. ( 1505; 10 U.S.C. 2509 note). ( 2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. ( (d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. ( REVISION OF DEFINITION OF TERM ``COMMERCIAL ITEM'' FOR PURPOSES OF FEDERAL PROCUREMENT STATUTES PROVIDING PROCEDURES FOR PROCUREMENT OF COMMERCIAL ITEMS. ( a) Elimination of ``of a Type'' Criterion.--Section 103 of title 41, United States Code, is amended by striking ``of a type'' each place it appears. ( (2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. ( (2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( 4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. ( 2) The gross margins of the large defense contractor, which shall be broken down by material product categories, when relevant, and presented in a tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a). d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. STRENGTHENING TRUTH IN NEGOTIATIONS ACT PROVISIONS. ( c) Conforming Amendment Related to Civilian Contracts.--Section 3503(a)(2) of title 41, United States Code is by inserting after ``commercial service'' the following: ``based on adequate price competition that results in at least two responsive and responsible offers''. (a) Pilot Program.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the ``Progress Payment Incentive Pilot Program'', to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. ( 2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( B) 10 percent if the division does not have open level III or IV corrective action requests. ( 1505; 10 U.S.C. 2509 note). ( 2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( (4) The percentage change in the costs of the large defense contractor, which shall be broken down by category and presented in tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. ( (d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. b) Exceptions.--Section 3703(a) of title 10, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``adequate competition'' and all that follows through ``bids'' and inserting ``adequate price competition, except for the award of a cost-reimbursement contract, that results in at least two responsive and viable competing offerors''; and (2) in paragraph (2), by inserting ``based on adequate price competition that results in at least two responsive and responsible offers'' after ``commercial service''. ( REVISION OF DEFINITION OF TERM ``COMMERCIAL ITEM'' FOR PURPOSES OF FEDERAL PROCUREMENT STATUTES PROVIDING PROCEDURES FOR PROCUREMENT OF COMMERCIAL ITEMS. ( a) Elimination of ``of a Type'' Criterion.--Section 103 of title 41, United States Code, is amended by striking ``of a type'' each place it appears. ( (2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( F) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. ( (2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( 4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. ( 2) The gross margins of the large defense contractor, which shall be broken down by material product categories, when relevant, and presented in a tabular format. ( 5) In dollars, the change in the costs of the large defense contractor, which shall be presented in tabular format. b) Publication.--The Under Secretary of Defense for Acquisition and Sustainment shall annually publish on a publicly available internet website the previous year's reports received under subsection (a). d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. a) Pilot Program.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the ``Progress Payment Incentive Pilot Program'', to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. ( ( (d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

To prevent price gouging at the Department of Defense. 2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. ( ( (2) Compensation for recipient executives.--The term ``compensation for recipient executives'' refers to the names and total compensation of the five most highly compensated officers of the entity pursuant to section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note). ( 4) Large defense contractor.--The term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. ( d) Large Defense Contractor Defined.--In this section, the term ``large defense contractor'' means a contractor (other than an institute of higher education or a federally funded research and development center) that-- (1) received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years; and (2) earned more than 20 percent of its total annual revenue from Department of Defense contracts or licenses in any of the previous three fiscal years.

Stop Price Gouging the Military Act - Amends Federal procurement law to require: (1) only expected to receive one bid to be required; and (2) competitive cost-reimbursement contracts to be awarded based on adequate price competition. (Sec. 3) Directs the Secretary of Defense (DOD) to establish and implement a pilot program to make accelerated progress payments Directs the Under Secretary of Defense for Acquisition and Sustainment to annually publish on a publicly available internet website the previous year's reports received from a large defense contractor (other than an institute of higher education or a federally funded research and development center) that: (1) received more than $10 million in annual revenue from Department of Defense contracts or licenses in any of the previous three

S.430

Transportation and Public Works

Enhancing the Strength and Capacity of America's Primary Evacuation routes Act or the ESCAPE Act This bill directs the Department of Transportation (DOT) to provide assistance for projects that strengthen and protect mass evacuation routes. Specifically, DOT must (1) establish criteria for states, tribal and local governments, and other entities to identify mass evacuation routes; (2) establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events; and (3) provide grants to resilience projects that ensure the ability of the evacuation route to provide safe passage during a mass evacuation and reduce the risk of damage to evacuation routes as a result of future emergency events.

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing the Strength and Capacity of America's Primary Evacuation routes Act'' or the ``ESCAPE Act''. SEC. 2. EVACUATION ROUTE PROGRAM. (a) Definitions.--In this section: (1) Evacuation route.--The term ``evacuation route'' means a route that-- (A) is owned, operated, or maintained by a Federal, State, Tribal, or local government or a private entity; (B) is used-- (i) to transport the public away from an emergency event (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) that is anticipated, reasonably likely, ongoing, or past; or (ii) to transport emergency responders and recovery resources; (C) is designated by the State in which the route is located (or in the case of a federally owned route, the head of the Federal agency with jurisdiction over the route) for the purposes described in subparagraph (B); and (D) meets the criteria for a mass evacuation route pursuant to subsection (b)(1). (2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). (3) Resilience project.--The term ``resilience project'' means a project-- (A) with the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions; and (B) designed and built to address current and future vulnerabilities to an evacuation route due to-- (i) future occurrence or recurrence of emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) that are likely to occur in the geographic area in which the evacuation route is located; or (ii) projected changes in development patterns, demographics, or extreme events based on the best available evidence and analysis. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. (2) Requirements.--In carrying out paragraph (1), the Secretary shall-- (A) provide a period of not less than 90 days for State departments of transportation, metropolitan planning organizations, other stakeholders, and the public to comment on the criteria proposed by the Secretary under that paragraph; and (B) take into consideration any comments received pursuant to subparagraph (A). (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). (2) Consultation.--In carrying out the program, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency for the purpose of providing technical assistance to the Secretary and to applicants. (d) Eligible Resilience Projects.--The Secretary shall provide grants under this section to resilience projects-- (1) described in subsection (e); and (2) that-- (A) ensure the ability of the evacuation route to provide safe passage during a mass evacuation and reduce the risk of damage to evacuation routes as a result of future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)), including-- (i) restoring or replacing existing mass evacuation routes that are classified as being in poor condition or do not meet current geometric standards; (ii) protecting, elevating, or relocating assets that are located in a base floodplain; (iii) protecting assets vulnerable to high winds; (iv) installing mitigation measures that prevent the intrusion of floodwaters into transportation systems; (v) strengthening systems that remove rainwater from transportation facilities or services; or (vi) other resilience projects that address identified vulnerabilities; (B) if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations, expand the capacity of evacuation routes to swiftly and safely accommodate mass evacuations and provide mobility for emergency responders and recovery resources, including installation of-- (i) communications and intelligent transportation system equipment and infrastructure; (ii) counterflow measures; or (iii) shoulders; (C) are for the construction of-- (i) new or redundant evacuation routes, if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations, emergency response, or recovery efforts; or (ii) sheltering facilities; or (D) involve planning and acquisition, including-- (i) mass evacuation planning and preparation, such as-- (I) coordination with Federal agencies and departments, agencies and departments within the State, first responders, and other States; (II) identification of evacuation routes; (III) evacuation route education and awareness campaigns; (IV) traffic analysis and monitoring; or (V) data sharing; (ii) acquisition of evacuation route and traffic incident management equipment and vehicles; (iii) evacuation route risk assessment; (iv) development of enhanced mass evacuation response capabilities; (v) evacuation route signage; or (vi) equipment for pedestrian movement. (e) Eligible Projects.--The Secretary may make a grant under this section only for a project that is-- (1) an evacuation route; (2) a project eligible for assistance under title 23, United States Code; (3) a public transportation facility or service eligible for assistance under chapter 53 of title 49, United States Code; (4) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code); (5) a port facility, including a facility that-- (A) connects a port to other modes of transportation; (B) improves the efficiency of mass evacuations and disaster relief; or (C) aids transportation; (6) a public-use airport (as defined in section 47102 of title 49, United States Code) that is included in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of title 49, United States Code; or (7) a route owned, operated, or maintained by the Corps of Engineers. (f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. (2) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. (3) A unit of local government. (4) A political subdivision of a State or local government. (5) A special purpose district or public authority with a transportation function, including a port authority. (6) A Federal land management agency that applies jointly with a State or group of States. (7) A Tribal government or a consortium of Tribal governments. (8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). (g) Applications.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. (h) Criteria.--In selecting resilience projects to receive grants under the program, the Secretary shall consider-- (1) the cost of the project compared to the risk of recurring damage and the cost of future repairs, taking into account current and future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) and extreme events, to the maximum extent practicable; (2) the extent to which the project reduces the financial risk to the Federal Government; and (3) such other criteria as the Secretary determines to be appropriate. (i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (D) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost. (2) Non-federal share.--The eligible entity may use funds provided from other Federal sources to meet the non-Federal cost share requirement for a project under the program. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section for each fiscal year $1,000,000,000, to remain available until expended. <all>

ESCAPE Act

A bill to direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes.

ESCAPE Act Enhancing the Strength and Capacity of America's Primary Evacuation routes Act

Sen. Markey, Edward J.

D

MA

This bill directs the Department of Transportation (DOT) to provide assistance for projects that strengthen and protect mass evacuation routes. Specifically, DOT must (1) establish criteria for states, tribal and local governments, and other entities to identify mass evacuation routes; (2) establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events; and (3) provide grants to resilience projects that ensure the ability of the evacuation route to provide safe passage during a mass evacuation and reduce the risk of damage to evacuation routes as a result of future emergency events.

SHORT TITLE. 2. EVACUATION ROUTE PROGRAM. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). (e) Eligible Projects.--The Secretary may make a grant under this section only for a project that is-- (1) an evacuation route; (2) a project eligible for assistance under title 23, United States Code; (3) a public transportation facility or service eligible for assistance under chapter 53 of title 49, United States Code; (4) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code); (5) a port facility, including a facility that-- (A) connects a port to other modes of transportation; (B) improves the efficiency of mass evacuations and disaster relief; or (C) aids transportation; (6) a public-use airport (as defined in section 47102 of title 49, United States Code) that is included in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of title 49, United States Code; or (7) a route owned, operated, or maintained by the Corps of Engineers. (f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. (2) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. (3) A unit of local government. (5) A special purpose district or public authority with a transportation function, including a port authority. (7) A Tribal government or a consortium of Tribal governments. 2000d et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. (j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost.

SHORT TITLE. 2. EVACUATION ROUTE PROGRAM. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). (e) Eligible Projects.--The Secretary may make a grant under this section only for a project that is-- (1) an evacuation route; (2) a project eligible for assistance under title 23, United States Code; (3) a public transportation facility or service eligible for assistance under chapter 53 of title 49, United States Code; (4) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code); (5) a port facility, including a facility that-- (A) connects a port to other modes of transportation; (B) improves the efficiency of mass evacuations and disaster relief; or (C) aids transportation; (6) a public-use airport (as defined in section 47102 of title 49, United States Code) that is included in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of title 49, United States Code; or (7) a route owned, operated, or maintained by the Corps of Engineers. (f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. (2) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. (3) A unit of local government. (5) A special purpose district or public authority with a transportation function, including a port authority. (7) A Tribal government or a consortium of Tribal governments. 2000d et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. (j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost.

SHORT TITLE. SEC. 2. EVACUATION ROUTE PROGRAM. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). (d) Eligible Resilience Projects.--The Secretary shall provide grants under this section to resilience projects-- (1) described in subsection (e); and (2) that-- (A) ensure the ability of the evacuation route to provide safe passage during a mass evacuation and reduce the risk of damage to evacuation routes as a result of future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)), including-- (i) restoring or replacing existing mass evacuation routes that are classified as being in poor condition or do not meet current geometric standards; (ii) protecting, elevating, or relocating assets that are located in a base floodplain; (iii) protecting assets vulnerable to high winds; (iv) installing mitigation measures that prevent the intrusion of floodwaters into transportation systems; (v) strengthening systems that remove rainwater from transportation facilities or services; or (vi) other resilience projects that address identified vulnerabilities; (B) if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations, expand the capacity of evacuation routes to swiftly and safely accommodate mass evacuations and provide mobility for emergency responders and recovery resources, including installation of-- (i) communications and intelligent transportation system equipment and infrastructure; (ii) counterflow measures; or (iii) shoulders; (C) are for the construction of-- (i) new or redundant evacuation routes, if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations, emergency response, or recovery efforts; or (ii) sheltering facilities; or (D) involve planning and acquisition, including-- (i) mass evacuation planning and preparation, such as-- (I) coordination with Federal agencies and departments, agencies and departments within the State, first responders, and other States; (II) identification of evacuation routes; (III) evacuation route education and awareness campaigns; (IV) traffic analysis and monitoring; or (V) data sharing; (ii) acquisition of evacuation route and traffic incident management equipment and vehicles; (iii) evacuation route risk assessment; (iv) development of enhanced mass evacuation response capabilities; (v) evacuation route signage; or (vi) equipment for pedestrian movement. (e) Eligible Projects.--The Secretary may make a grant under this section only for a project that is-- (1) an evacuation route; (2) a project eligible for assistance under title 23, United States Code; (3) a public transportation facility or service eligible for assistance under chapter 53 of title 49, United States Code; (4) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code); (5) a port facility, including a facility that-- (A) connects a port to other modes of transportation; (B) improves the efficiency of mass evacuations and disaster relief; or (C) aids transportation; (6) a public-use airport (as defined in section 47102 of title 49, United States Code) that is included in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of title 49, United States Code; or (7) a route owned, operated, or maintained by the Corps of Engineers. (f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. (2) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. (3) A unit of local government. (5) A special purpose district or public authority with a transportation function, including a port authority. (7) A Tribal government or a consortium of Tribal governments. 2000d et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. (j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost.

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. EVACUATION ROUTE PROGRAM. (3) Resilience project.--The term ``resilience project'' means a project-- (A) with the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions; and (B) designed and built to address current and future vulnerabilities to an evacuation route due to-- (i) future occurrence or recurrence of emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) that are likely to occur in the geographic area in which the evacuation route is located; or (ii) projected changes in development patterns, demographics, or extreme events based on the best available evidence and analysis. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Requirements.--In carrying out paragraph (1), the Secretary shall-- (A) provide a period of not less than 90 days for State departments of transportation, metropolitan planning organizations, other stakeholders, and the public to comment on the criteria proposed by the Secretary under that paragraph; and (B) take into consideration any comments received pursuant to subparagraph (A). (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). (d) Eligible Resilience Projects.--The Secretary shall provide grants under this section to resilience projects-- (1) described in subsection (e); and (2) that-- (A) ensure the ability of the evacuation route to provide safe passage during a mass evacuation and reduce the risk of damage to evacuation routes as a result of future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)), including-- (i) restoring or replacing existing mass evacuation routes that are classified as being in poor condition or do not meet current geometric standards; (ii) protecting, elevating, or relocating assets that are located in a base floodplain; (iii) protecting assets vulnerable to high winds; (iv) installing mitigation measures that prevent the intrusion of floodwaters into transportation systems; (v) strengthening systems that remove rainwater from transportation facilities or services; or (vi) other resilience projects that address identified vulnerabilities; (B) if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations, expand the capacity of evacuation routes to swiftly and safely accommodate mass evacuations and provide mobility for emergency responders and recovery resources, including installation of-- (i) communications and intelligent transportation system equipment and infrastructure; (ii) counterflow measures; or (iii) shoulders; (C) are for the construction of-- (i) new or redundant evacuation routes, if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate mass evacuations, emergency response, or recovery efforts; or (ii) sheltering facilities; or (D) involve planning and acquisition, including-- (i) mass evacuation planning and preparation, such as-- (I) coordination with Federal agencies and departments, agencies and departments within the State, first responders, and other States; (II) identification of evacuation routes; (III) evacuation route education and awareness campaigns; (IV) traffic analysis and monitoring; or (V) data sharing; (ii) acquisition of evacuation route and traffic incident management equipment and vehicles; (iii) evacuation route risk assessment; (iv) development of enhanced mass evacuation response capabilities; (v) evacuation route signage; or (vi) equipment for pedestrian movement. (e) Eligible Projects.--The Secretary may make a grant under this section only for a project that is-- (1) an evacuation route; (2) a project eligible for assistance under title 23, United States Code; (3) a public transportation facility or service eligible for assistance under chapter 53 of title 49, United States Code; (4) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code); (5) a port facility, including a facility that-- (A) connects a port to other modes of transportation; (B) improves the efficiency of mass evacuations and disaster relief; or (C) aids transportation; (6) a public-use airport (as defined in section 47102 of title 49, United States Code) that is included in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of title 49, United States Code; or (7) a route owned, operated, or maintained by the Corps of Engineers. (f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. (2) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. (3) A unit of local government. (5) A special purpose district or public authority with a transportation function, including a port authority. (7) A Tribal government or a consortium of Tribal governments. (8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). (g) Applications.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. 2000d et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. ); and (D) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. (j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section for each fiscal year $1,000,000,000, to remain available until expended.

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). 4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. ( b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). ( 2) Consultation.--In carrying out the program, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency for the purpose of providing technical assistance to the Secretary and to applicants. f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 4) A political subdivision of a State or local government. ( (6) A Federal land management agency that applies jointly with a State or group of States. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( ); and (D) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ( j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost. (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). ( (b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( 2) Requirements.--In carrying out paragraph (1), the Secretary shall-- (A) provide a period of not less than 90 days for State departments of transportation, metropolitan planning organizations, other stakeholders, and the public to comment on the criteria proposed by the Secretary under that paragraph; and (B) take into consideration any comments received pursuant to subparagraph (A). ( f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 7) A Tribal government or a consortium of Tribal governments. ( (h) Criteria.--In selecting resilience projects to receive grants under the program, the Secretary shall consider-- (1) the cost of the project compared to the risk of recurring damage and the cost of future repairs, taking into account current and future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) and extreme events, to the maximum extent practicable; (2) the extent to which the project reduces the financial risk to the Federal Government; and (3) such other criteria as the Secretary determines to be appropriate. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). ( (b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( 2) Requirements.--In carrying out paragraph (1), the Secretary shall-- (A) provide a period of not less than 90 days for State departments of transportation, metropolitan planning organizations, other stakeholders, and the public to comment on the criteria proposed by the Secretary under that paragraph; and (B) take into consideration any comments received pursuant to subparagraph (A). ( f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 7) A Tribal government or a consortium of Tribal governments. ( (h) Criteria.--In selecting resilience projects to receive grants under the program, the Secretary shall consider-- (1) the cost of the project compared to the risk of recurring damage and the cost of future repairs, taking into account current and future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) and extreme events, to the maximum extent practicable; (2) the extent to which the project reduces the financial risk to the Federal Government; and (3) such other criteria as the Secretary determines to be appropriate. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). 4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. ( b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). ( 2) Consultation.--In carrying out the program, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency for the purpose of providing technical assistance to the Secretary and to applicants. f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 4) A political subdivision of a State or local government. ( (6) A Federal land management agency that applies jointly with a State or group of States. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( ); and (D) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ( j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost. (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). ( (b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( 2) Requirements.--In carrying out paragraph (1), the Secretary shall-- (A) provide a period of not less than 90 days for State departments of transportation, metropolitan planning organizations, other stakeholders, and the public to comment on the criteria proposed by the Secretary under that paragraph; and (B) take into consideration any comments received pursuant to subparagraph (A). ( f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 7) A Tribal government or a consortium of Tribal governments. ( (h) Criteria.--In selecting resilience projects to receive grants under the program, the Secretary shall consider-- (1) the cost of the project compared to the risk of recurring damage and the cost of future repairs, taking into account current and future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) and extreme events, to the maximum extent practicable; (2) the extent to which the project reduces the financial risk to the Federal Government; and (3) such other criteria as the Secretary determines to be appropriate. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). 4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. ( b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). ( 2) Consultation.--In carrying out the program, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency for the purpose of providing technical assistance to the Secretary and to applicants. f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 4) A political subdivision of a State or local government. ( (6) A Federal land management agency that applies jointly with a State or group of States. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( ); and (D) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ( j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost. (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). ( (b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( 2) Requirements.--In carrying out paragraph (1), the Secretary shall-- (A) provide a period of not less than 90 days for State departments of transportation, metropolitan planning organizations, other stakeholders, and the public to comment on the criteria proposed by the Secretary under that paragraph; and (B) take into consideration any comments received pursuant to subparagraph (A). ( f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 7) A Tribal government or a consortium of Tribal governments. ( (h) Criteria.--In selecting resilience projects to receive grants under the program, the Secretary shall consider-- (1) the cost of the project compared to the risk of recurring damage and the cost of future repairs, taking into account current and future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) and extreme events, to the maximum extent practicable; (2) the extent to which the project reduces the financial risk to the Federal Government; and (3) such other criteria as the Secretary determines to be appropriate. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). 4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. ( b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( (c) Establishment of Program.-- (1) In general.--The Secretary (in consultation with the Administrator of the Federal Emergency Management Agency for the purposes described in paragraph (2)) shall establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)). ( 2) Consultation.--In carrying out the program, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency for the purpose of providing technical assistance to the Secretary and to applicants. f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 4) A political subdivision of a State or local government. ( (6) A Federal land management agency that applies jointly with a State or group of States. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( ); and (D) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ( j) Federal Cost Share.-- (1) In general.--The Federal share of the cost of a project carried out under the program shall not exceed 80 percent of the total project cost. (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. 2) Program.--The term ``program'' means the competitive grant program established under subsection (c)(1). ( (b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( 2) Requirements.--In carrying out paragraph (1), the Secretary shall-- (A) provide a period of not less than 90 days for State departments of transportation, metropolitan planning organizations, other stakeholders, and the public to comment on the criteria proposed by the Secretary under that paragraph; and (B) take into consideration any comments received pursuant to subparagraph (A). ( f) Eligible Entities.--The Secretary may award a grant under this section to any of the following: (1) A State. ( 7) A Tribal government or a consortium of Tribal governments. ( (h) Criteria.--In selecting resilience projects to receive grants under the program, the Secretary shall consider-- (1) the cost of the project compared to the risk of recurring damage and the cost of future repairs, taking into account current and future emergency events (as defined in section 667.3 of title 23, Code of Federal Regulations (or successor regulations)) and extreme events, to the maximum extent practicable; (2) the extent to which the project reduces the financial risk to the Federal Government; and (3) such other criteria as the Secretary determines to be appropriate. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

To direct the Secretary of Transportation to establish a grant program for projects to strengthen and protect vulnerable infrastructure used during mass evacuations, and for other purposes. b) Establishment of Mass Evacuation Route Criteria.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, State departments of transportation, metropolitan planning organizations, and other stakeholders, shall establish criteria for eligible entities described in subsection (f) to identify mass evacuation routes. ( ( ( (6) A Federal land management agency that applies jointly with a State or group of States. ( i) Administration of Projects.--A project that receives a grant under this section-- (1) may be transferred within the Department of Transportation; and (2) shall be administered in accordance with-- (A) title 23 and title 49, United States Code, as applicable; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( );

Enhancing the Strength and Capacity of America's Primary Evacuation routes Act or the ESCAPE Act - Directs the Secretary of Transportation to establish a competitive grant program to provide grants for resilience projects that strengthen and protect evacuation routes that are essential for providing and supporting mass evacuations caused by emergency events. (Sec. 2) Requires the Secretary, in consultation with the Administrator of the Federal Authorizes the Secretary of Transportation to award grants to: (1) a State; (2) a metropolitan planning organization that serves an urbanized area with a population of more than 200,000 individuals; (3) a unit of local government; (4) a political subdivision of a State or local government. (5) a special purpose district or public authority with a transportation function

H.R.5225

Commerce

Micro-SBIC and Emerging Managers Program Act of 2021 This bill establishes programs for the Small Business Administration (SBA) to (1) issue certain applicants a license to operate a Small Business Investment Company (SBIC) and (2) provide assistance to SBICs operated by emerging managers. An SBIC is a privately owned company, licensed and regulated by the SBA, which invests in small businesses through debt and equity. First, the bill lowers the threshold to receive an SBIC license to include applicants that hold private capital of at least $5 million and have significant business expertise relevant to the applicant's investment strategy. The bill also sets limits on the amount of financing these SBICs may receive from the SBA. Additionally, the bill allows managers with substantial experience operating SBICs to enter an agreement, approved by the SBA, to provide guidance and assistance to SBIC applicants that are managed by at least two emerging managers who have an investment record of less than 10 years or who focus on underserved markets.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC 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 ``Micro-SBIC and Emerging Managers Program Act of 2021''. SEC. 2. MICRO-SBIC LICENSE. Part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following new sections: ``SEC. 321. MICRO-SBIC LICENSE. ``(a) Establishment.--The Administrator shall establish a program to issue Micro-SBIC licenses to applicants for the purpose of making investments in and loans to qualified small business concerns. ``(b) Administration.--To the extent practicable, the Administrator shall administer the program established under this section in a similar manner to the program established under section 301. ``(c) Applications.--An applicant shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) evidence that the applicant holds private capital of not less than $5,000,000; and ``(2) evidence that the management of the applicant has significant business expertise relevant to the applicant's investment strategy. ``(d) Selection of Micro-SBICs.--The Administrator shall select applicants to be granted a license to operate a Micro-SBIC under this section. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. Such guidance-- ``(1) may include the requirements established under part 107 of title 13, Code of Federal Regulations; and ``(2) shall allow applicants who have not previously managed an investment company to demonstrate significant business expertise relevant to the applicant's investment strategy by reliance upon the presence of at least two track record investment committee members or participation in the Emerging Managers Program established under section 322. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(3) Provisional approval.-- ``(A) In general.--The Administrator may provide provisional approval to an applicant to-- ``(i) encourage investment company applicants with an investment mandate from the committed private market capital of the investment company that does not conform to the requirements relating to private capital in subsection (c) at the time of application; ``(ii) allow the applicant to more effectively raise capital commitments from the private market by such provisional approval; and ``(iii) allow the applicant to more precisely request the desired amount of leverage from the Administrator pending the securing of capital from private market investors. ``(B) Limitation.--An applicant provided provisional approval under subparagraph (A) shall apply for approval under paragraph (2) not later than 12 months after being granted such provisional approval. ``(g) Maximum Leverage.-- ``(1) In general.--The maximum amount of outstanding leverage made available to any one Micro-SBIC may not exceed-- ``(A) 50 percent of the private capital of such Micro-SBIC, not to exceed $25,000,000; or ``(B) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, 100 percent of the private capital of such Micro-SBIC, not to exceed $50,000,000. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(B) Entities.--An entity described in this subparagraph is-- ``(i) a Special Competitive Opportunity Gap Business (as defined by the Administrator); ``(ii) a small business concern located in a HUBZone; ``(iii) a small business concern located in 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 small business concern located in a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; or ``(v) a small business concern located in a community that has been designated as a qualified opportunity zone under section 1400Z- 1 of the Internal Revenue Code of 1986. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(h) Report.--The Administrator shall include in the annual report required under section 10(a) of the Small Business Act a description of-- ``(1) the number of applications received under this subsection, including the number of applications received from applicants the management of which is at least majority composed of socially disadvantaged individuals or veterans; ``(2) the number of licenses issued under this section, including the number of such licenses issued to applicants the management of which is at least majority composed of socially disadvantaged individuals or veterans; ``(3) the number of investments made by Micro-SBICs in Special Competitive Opportunity Gap Businesses, disaggregated by the type of Special Competitive Opportunity Gap Business; and ``(4) the number of investments made by Micro-SBICs, disaggregated by debt, debt with equity features, and equity only. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(3) Micro-SBIC.--The term `Micro-SBIC' means a company issued a license to operate pursuant to the requirements of this section. ``(4) Micro-SBIC license.--The term `Micro-SBIC license' means a license issued to an applicant to operate pursuant to the requirements of this section. ``(5) Socially disadvantaged individual.--The term `socially disadvantaged individual'-- ``(A) has the meaning given in section 8(a)(5) of the Small Business Act; and ``(B) includes an individual who is a woman. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(7) Veteran.--The term `veteran' has the meaning given under section 3(q)(4) of the Small Business Act. ``SEC. 322. EMERGING MANAGERS PROGRAM. ``(a) Establishment.--The Administrator shall establish a program to be known as the `Emerging Managers Program' under which a covered manager may enter into a written agreement approved by the Administrator to provide guidance and assistance to an applicant for a small business investment company license or a Micro-SBIC license that is managed by not less than two individuals who are emerging managers. ``(b) Leverage.--Leverage made available to a small business investment company or Micro-SBIC that is managed by at least two individuals who are emerging managers shall not be considered as part of the leverage made available to a covered manager. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers. ``(d) Definitions.--In this subsection: ``(1) Covered manager.--The term `covered manager' means-- ``(A) a manager with substantial experience in operating small business investment companies; and ``(B) as determined by the Administrator, a manager of a private equity fund or venture fund that is not licensed as a small business investment company. ``(2) Emerging manager.--The term `emerging manager' means an individual with an investment record of less than 10 years, or with a focus on underserved markets.''. <all>

Micro-SBIC and Emerging Managers Program Act of 2021

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes.

Micro-SBIC and Emerging Managers Program Act of 2021

Rep. Houlahan, Chrissy

D

PA

This bill establishes programs for the Small Business Administration (SBA) to (1) issue certain applicants a license to operate a Small Business Investment Company (SBIC) and (2) provide assistance to SBICs operated by emerging managers. An SBIC is a privately owned company, licensed and regulated by the SBA, which invests in small businesses through debt and equity. First, the bill lowers the threshold to receive an SBIC license to include applicants that hold private capital of at least $5 million and have significant business expertise relevant to the applicant's investment strategy. The bill also sets limits on the amount of financing these SBICs may receive from the SBA. Additionally, the bill allows managers with substantial experience operating SBICs to enter an agreement, approved by the SBA, to provide guidance and assistance to SBIC applicants that are managed by at least two emerging managers who have an investment record of less than 10 years or who focus on underserved markets.

SHORT TITLE. SEC. MICRO-SBIC LICENSE. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(3) Provisional approval.-- ``(A) In general.--The Administrator may provide provisional approval to an applicant to-- ``(i) encourage investment company applicants with an investment mandate from the committed private market capital of the investment company that does not conform to the requirements relating to private capital in subsection (c) at the time of application; ``(ii) allow the applicant to more effectively raise capital commitments from the private market by such provisional approval; and ``(iii) allow the applicant to more precisely request the desired amount of leverage from the Administrator pending the securing of capital from private market investors. ``(g) Maximum Leverage.-- ``(1) In general.--The maximum amount of outstanding leverage made available to any one Micro-SBIC may not exceed-- ``(A) 50 percent of the private capital of such Micro-SBIC, not to exceed $25,000,000; or ``(B) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, 100 percent of the private capital of such Micro-SBIC, not to exceed $50,000,000. ``(B) Entities.--An entity described in this subparagraph is-- ``(i) a Special Competitive Opportunity Gap Business (as defined by the Administrator); ``(ii) a small business concern located in a HUBZone; ``(iii) a small business concern located in 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 small business concern located in a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; or ``(v) a small business concern located in a community that has been designated as a qualified opportunity zone under section 1400Z- 1 of the Internal Revenue Code of 1986. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(7) Veteran.--The term `veteran' has the meaning given under section 3(q)(4) of the Small Business Act. 322. EMERGING MANAGERS PROGRAM. ``(b) Leverage.--Leverage made available to a small business investment company or Micro-SBIC that is managed by at least two individuals who are emerging managers shall not be considered as part of the leverage made available to a covered manager.

SHORT TITLE. SEC. MICRO-SBIC LICENSE. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(3) Provisional approval.-- ``(A) In general.--The Administrator may provide provisional approval to an applicant to-- ``(i) encourage investment company applicants with an investment mandate from the committed private market capital of the investment company that does not conform to the requirements relating to private capital in subsection (c) at the time of application; ``(ii) allow the applicant to more effectively raise capital commitments from the private market by such provisional approval; and ``(iii) allow the applicant to more precisely request the desired amount of leverage from the Administrator pending the securing of capital from private market investors. ``(B) Entities.--An entity described in this subparagraph is-- ``(i) a Special Competitive Opportunity Gap Business (as defined by the Administrator); ``(ii) a small business concern located in a HUBZone; ``(iii) a small business concern located in 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 small business concern located in a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; or ``(v) a small business concern located in a community that has been designated as a qualified opportunity zone under section 1400Z- 1 of the Internal Revenue Code of 1986. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(7) Veteran.--The term `veteran' has the meaning given under section 3(q)(4) of the Small Business Act. 322. EMERGING MANAGERS PROGRAM. ``(b) Leverage.--Leverage made available to a small business investment company or Micro-SBIC that is managed by at least two individuals who are emerging managers shall not be considered as part of the leverage made available to a covered manager.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC 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. SEC. 681 et seq.) 321. MICRO-SBIC LICENSE. ``(b) Administration.--To the extent practicable, the Administrator shall administer the program established under this section in a similar manner to the program established under section 301. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(3) Provisional approval.-- ``(A) In general.--The Administrator may provide provisional approval to an applicant to-- ``(i) encourage investment company applicants with an investment mandate from the committed private market capital of the investment company that does not conform to the requirements relating to private capital in subsection (c) at the time of application; ``(ii) allow the applicant to more effectively raise capital commitments from the private market by such provisional approval; and ``(iii) allow the applicant to more precisely request the desired amount of leverage from the Administrator pending the securing of capital from private market investors. ``(g) Maximum Leverage.-- ``(1) In general.--The maximum amount of outstanding leverage made available to any one Micro-SBIC may not exceed-- ``(A) 50 percent of the private capital of such Micro-SBIC, not to exceed $25,000,000; or ``(B) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, 100 percent of the private capital of such Micro-SBIC, not to exceed $50,000,000. ``(B) Entities.--An entity described in this subparagraph is-- ``(i) a Special Competitive Opportunity Gap Business (as defined by the Administrator); ``(ii) a small business concern located in a HUBZone; ``(iii) a small business concern located in 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 small business concern located in a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; or ``(v) a small business concern located in a community that has been designated as a qualified opportunity zone under section 1400Z- 1 of the Internal Revenue Code of 1986. ``(h) Report.--The Administrator shall include in the annual report required under section 10(a) of the Small Business Act a description of-- ``(1) the number of applications received under this subsection, including the number of applications received from applicants the management of which is at least majority composed of socially disadvantaged individuals or veterans; ``(2) the number of licenses issued under this section, including the number of such licenses issued to applicants the management of which is at least majority composed of socially disadvantaged individuals or veterans; ``(3) the number of investments made by Micro-SBICs in Special Competitive Opportunity Gap Businesses, disaggregated by the type of Special Competitive Opportunity Gap Business; and ``(4) the number of investments made by Micro-SBICs, disaggregated by debt, debt with equity features, and equity only. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(7) Veteran.--The term `veteran' has the meaning given under section 3(q)(4) of the Small Business Act. 322. EMERGING MANAGERS PROGRAM. ``(b) Leverage.--Leverage made available to a small business investment company or Micro-SBIC that is managed by at least two individuals who are emerging managers shall not be considered as part of the leverage made available to a covered manager.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC 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. SEC. 681 et seq.) is amended by adding at the end the following new sections: ``SEC. 321. MICRO-SBIC LICENSE. ``(b) Administration.--To the extent practicable, the Administrator shall administer the program established under this section in a similar manner to the program established under section 301. ``(c) Applications.--An applicant shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) evidence that the applicant holds private capital of not less than $5,000,000; and ``(2) evidence that the management of the applicant has significant business expertise relevant to the applicant's investment strategy. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(3) Provisional approval.-- ``(A) In general.--The Administrator may provide provisional approval to an applicant to-- ``(i) encourage investment company applicants with an investment mandate from the committed private market capital of the investment company that does not conform to the requirements relating to private capital in subsection (c) at the time of application; ``(ii) allow the applicant to more effectively raise capital commitments from the private market by such provisional approval; and ``(iii) allow the applicant to more precisely request the desired amount of leverage from the Administrator pending the securing of capital from private market investors. ``(B) Limitation.--An applicant provided provisional approval under subparagraph (A) shall apply for approval under paragraph (2) not later than 12 months after being granted such provisional approval. ``(g) Maximum Leverage.-- ``(1) In general.--The maximum amount of outstanding leverage made available to any one Micro-SBIC may not exceed-- ``(A) 50 percent of the private capital of such Micro-SBIC, not to exceed $25,000,000; or ``(B) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, 100 percent of the private capital of such Micro-SBIC, not to exceed $50,000,000. ``(B) Entities.--An entity described in this subparagraph is-- ``(i) a Special Competitive Opportunity Gap Business (as defined by the Administrator); ``(ii) a small business concern located in a HUBZone; ``(iii) a small business concern located in 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 small business concern located in a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; or ``(v) a small business concern located in a community that has been designated as a qualified opportunity zone under section 1400Z- 1 of the Internal Revenue Code of 1986. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(h) Report.--The Administrator shall include in the annual report required under section 10(a) of the Small Business Act a description of-- ``(1) the number of applications received under this subsection, including the number of applications received from applicants the management of which is at least majority composed of socially disadvantaged individuals or veterans; ``(2) the number of licenses issued under this section, including the number of such licenses issued to applicants the management of which is at least majority composed of socially disadvantaged individuals or veterans; ``(3) the number of investments made by Micro-SBICs in Special Competitive Opportunity Gap Businesses, disaggregated by the type of Special Competitive Opportunity Gap Business; and ``(4) the number of investments made by Micro-SBICs, disaggregated by debt, debt with equity features, and equity only. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(7) Veteran.--The term `veteran' has the meaning given under section 3(q)(4) of the Small Business Act. 322. EMERGING MANAGERS PROGRAM. ``(b) Leverage.--Leverage made available to a small business investment company or Micro-SBIC that is managed by at least two individuals who are emerging managers shall not be considered as part of the leverage made available to a covered manager. ``(2) Emerging manager.--The term `emerging manager' means an individual with an investment record of less than 10 years, or with a focus on underserved markets.''.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(d) Selection of Micro-SBICs.--The Administrator shall select applicants to be granted a license to operate a Micro-SBIC under this section. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(B) Limitation.--An applicant provided provisional approval under subparagraph (A) shall apply for approval under paragraph (2) not later than 12 months after being granted such provisional approval. ``(g) Maximum Leverage.-- ``(1) In general.--The maximum amount of outstanding leverage made available to any one Micro-SBIC may not exceed-- ``(A) 50 percent of the private capital of such Micro-SBIC, not to exceed $25,000,000; or ``(B) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, 100 percent of the private capital of such Micro-SBIC, not to exceed $50,000,000. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(4) Micro-SBIC license.--The term `Micro-SBIC license' means a license issued to an applicant to operate pursuant to the requirements of this section. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers. ``(d) Definitions.--In this subsection: ``(1) Covered manager.--The term `covered manager' means-- ``(A) a manager with substantial experience in operating small business investment companies; and ``(B) as determined by the Administrator, a manager of a private equity fund or venture fund that is not licensed as a small business investment company.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(c) Applications.--An applicant shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) evidence that the applicant holds private capital of not less than $5,000,000; and ``(2) evidence that the management of the applicant has significant business expertise relevant to the applicant's investment strategy. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(3) Micro-SBIC.--The term `Micro-SBIC' means a company issued a license to operate pursuant to the requirements of this section. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers. ``(d) Definitions.--In this subsection: ``(1) Covered manager.--The term `covered manager' means-- ``(A) a manager with substantial experience in operating small business investment companies; and ``(B) as determined by the Administrator, a manager of a private equity fund or venture fund that is not licensed as a small business investment company.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(c) Applications.--An applicant shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) evidence that the applicant holds private capital of not less than $5,000,000; and ``(2) evidence that the management of the applicant has significant business expertise relevant to the applicant's investment strategy. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(3) Micro-SBIC.--The term `Micro-SBIC' means a company issued a license to operate pursuant to the requirements of this section. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers. ``(d) Definitions.--In this subsection: ``(1) Covered manager.--The term `covered manager' means-- ``(A) a manager with substantial experience in operating small business investment companies; and ``(B) as determined by the Administrator, a manager of a private equity fund or venture fund that is not licensed as a small business investment company.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(d) Selection of Micro-SBICs.--The Administrator shall select applicants to be granted a license to operate a Micro-SBIC under this section. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(B) Limitation.--An applicant provided provisional approval under subparagraph (A) shall apply for approval under paragraph (2) not later than 12 months after being granted such provisional approval. ``(g) Maximum Leverage.-- ``(1) In general.--The maximum amount of outstanding leverage made available to any one Micro-SBIC may not exceed-- ``(A) 50 percent of the private capital of such Micro-SBIC, not to exceed $25,000,000; or ``(B) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, 100 percent of the private capital of such Micro-SBIC, not to exceed $50,000,000. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(4) Micro-SBIC license.--The term `Micro-SBIC license' means a license issued to an applicant to operate pursuant to the requirements of this section. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers. ``(d) Definitions.--In this subsection: ``(1) Covered manager.--The term `covered manager' means-- ``(A) a manager with substantial experience in operating small business investment companies; and ``(B) as determined by the Administrator, a manager of a private equity fund or venture fund that is not licensed as a small business investment company.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(c) Applications.--An applicant shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) evidence that the applicant holds private capital of not less than $5,000,000; and ``(2) evidence that the management of the applicant has significant business expertise relevant to the applicant's investment strategy. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(f) Procedures for Issuing Licenses.-- ``(1) Status.--Not later than 90 days after the initial receipt by the Administrator of an application under this subsection, the Administrator shall provide the applicant with a written report detailing the status of the application and any requirements remaining for the completion of the application. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(3) Micro-SBIC.--The term `Micro-SBIC' means a company issued a license to operate pursuant to the requirements of this section. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers. ``(d) Definitions.--In this subsection: ``(1) Covered manager.--The term `covered manager' means-- ``(A) a manager with substantial experience in operating small business investment companies; and ``(B) as determined by the Administrator, a manager of a private equity fund or venture fund that is not licensed as a small business investment company.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(d) Selection of Micro-SBICs.--The Administrator shall select applicants to be granted a license to operate a Micro-SBIC under this section. ``(e) Guidance.--The Administrator shall issue guidance that encourages the participation of nontraditional applicants by reducing requirements for applicants. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(B) Limitation.--An applicant provided provisional approval under subparagraph (A) shall apply for approval under paragraph (2) not later than 12 months after being granted such provisional approval. ``(g) Maximum Leverage.-- ``(1) In general.--The maximum amount of outstanding leverage made available to any one Micro-SBIC may not exceed-- ``(A) 50 percent of the private capital of such Micro-SBIC, not to exceed $25,000,000; or ``(B) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, 100 percent of the private capital of such Micro-SBIC, not to exceed $50,000,000. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(3) Portfolio diversification.--The Administrator shall revise section 107.740 of title 13, Code of Federal Regulations, to provide for a higher `overline limit' for a Micro-SBIC compared to other small business investment companies. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(2) Management.--The term `management' means a general partner of an applicant or member of the investment committee of the applicant. ``(4) Micro-SBIC license.--The term `Micro-SBIC license' means a license issued to an applicant to operate pursuant to the requirements of this section. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers. ``(d) Definitions.--In this subsection: ``(1) Covered manager.--The term `covered manager' means-- ``(A) a manager with substantial experience in operating small business investment companies; and ``(B) as determined by the Administrator, a manager of a private equity fund or venture fund that is not licensed as a small business investment company.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(d) Selection of Micro-SBICs.--The Administrator shall select applicants to be granted a license to operate a Micro-SBIC under this section. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(4) Micro-SBIC license.--The term `Micro-SBIC license' means a license issued to an applicant to operate pursuant to the requirements of this section. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(2) Approval or disapproval.--Except as provided in paragraph (3) and within a reasonable time after providing the report under paragraph (1), and in accordance with such requirements as the Administrator may provide, the Administrator shall-- ``(A) approve the application and issue the applicant a license to operate as a Micro-SBIC; or ``(B) disapprove the application and notify the applicant in writing of the disapproval, including reasons for the disapproval. ``(i) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means an incorporated body, a limited liability corporation, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of securing a Micro-SBIC license to perform the functions and conduct the activities described under this section. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers.

To amend the Small Business Investment Act of 1958 to establish a Micro-SBIC program, and for other purposes. ``(d) Selection of Micro-SBICs.--The Administrator shall select applicants to be granted a license to operate a Micro-SBIC under this section. ``(2) Investments in certain business.-- ``(A) In general.--In calculating the outstanding leverage of a Micro-SBIC for purposes of subparagraph (A), the Administrator shall exclude the amount of the costs basis of any investments made in an entity described in subparagraph (B) in an amount not to exceed-- ``(i) $25,000,000; or ``(ii) in the case of a Micro-SBIC owned by persons that also own a small business investment company licensed under section 301, $50,000,000. ``(4) Micro-SBIC license.--The term `Micro-SBIC license' means a license issued to an applicant to operate pursuant to the requirements of this section. ``(6) Track record investment committee member.--The term `track record investment committee member' means a current or former small business investment company or lower-middle market private equity fund manager with the knowledge, experience, and capability necessary to serve as management for an applicant. ``(c) Report.--Not later than 5 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effectiveness of the Emerging Managers Program established under this section, including with respect to increasing the number of applications received by and licenses issued to emerging managers.

Micro-SBIC and Emerging Managers Program Act of 2021 - Amends the Small Business Investment Act of 1958 to direct the Administrator of Small Business Administration (SBA) to establish a program to issue micro-small business investment companies (Micro-SBICs) to make investments in and loans to qualified small businesses. Requires the Administrator to: (1) administer the program Directs the Administrator of the Small Business Administration (SBA) to establish the Emerging Managers Program under which a covered manager may enter into a written agreement to provide guidance and assistance to an applicant for a small business investment company license or a Micro-SBIC license that is managed by at least two individuals who are emerging managers. Requires the Administrator to include in the annual report required under

H.R.6272

Agriculture and Food

College Student Hunger Act of 2021 This bill modifies the eligibility requirements for the Supplemental Nutrition Assistance Program (SNAP) to make additional students at institutions of higher education eligible for benefits.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``College Student Hunger Act of 2021''. SEC. 2. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Definition of Household.--Section 3(m) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)) is amended-- (1) in paragraph (4), by inserting ``, except with respect to the individuals described in paragraph (5)(F),'' before ``constitute''; and (2) in paragraph (5), by adding at the end the following: ``(F) Students that are enrolled in and are residents of an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) and are eligible to participate in the supplemental nutrition assistance program under paragraphs (1) through (11) of section 6(e).''. (b) Eligibility of Students.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended-- (1) in paragraph (4), by striking ``20'' and inserting ``10''; (2) in paragraph (7), by striking ``or'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.); or ``(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''. SEC. 3. COMMUNICATION OF INFORMATION ON STUDENT ELIGIBILITY FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Program.--The term ``program'' means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Strategies Report.--180 days after the effective date of this Act, the Secretary shall submit to Congress a report that describes the strategy to be used-- (1) to increase the awareness of State agencies and institutions of higher education about-- (A) college student hunger; (B) the eligibility of college students for the program; and (C) the procedures and resources available to college students who are participating in the program to access benefits under the program; (2) to identify existing or potential barriers and mitigation strategies with respect to those barriers; and (3) to update the strategic communications plan under subsection (c). (c) Updated State Outreach Plan Guidance.--Not later than 90 days after the Secretary submits to Congress a report under subsection (b), the Secretary shall publish an updated State Outreach Plan Guidance that-- (1) describes existing data on college student hunger; (2) describes the manner in which college students can access the supplemental nutrition assistance program; (3) recommends outreach activities to address college student hunger and encourages States to conduct those and other outreach activities; (4) provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student hunger; and (5) contains updated guidance based on the content of such report. SEC. 4. DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: ``SEC. 31. COLLEGE STUDENT HUNGER PILOT PROGRAM. ``(a) Definitions.--In this section: ``(1) College student.--The term `college student' means a student enrolled in an institution of higher education. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(3) Pilot program.--The term `pilot program' means the pilot program established under subsection (b). ``(b) Pilot Program.--The Secretary, in collaboration with the Secretary of Education, shall establish a pilot program under which the Secretary shall carry out demonstration projects in accordance with subsection (c)-- ``(1) to decrease student hunger at institutions of higher education; and ``(2) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. ``(c) Demonstration Projects.--To carry out the pilot program, the Secretary shall carry out demonstration projects that test the following new supplemental nutrition assistance program delivery methods: ``(1) Allowing a college student receiving supplemental nutrition assistance program benefits to use those benefits or the cash value of those benefits-- ``(A) to purchase prepared foods from a campus dining hall, on-campus store, or other on-campus merchant or provider that typically sells prepared meals and is affiliated with the institution of higher education at which the student is enrolled; and ``(B) to pay the institution of higher education the cost of an on-campus college meal plan, in whole or in part. ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(d) Project Limit.-- ``(1) In general.--The Secretary shall carry out not more than 10 demonstration projects under the pilot program simultaneously. ``(2) Institutions.--The Secretary shall carry out not more than 1 demonstration project under the pilot program at any single institution of higher education. ``(e) Project Administration.--The Secretary shall establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project under the pilot program. ``(f) Project Termination.--To the maximum extent practicable, the Secretary shall ensure that the termination of a demonstration project under the pilot program shall not cause sudden adverse changes or the elimination of benefits under the supplemental nutrition assistance program for students participating in the demonstration project. ``(g) Program Termination.--The pilot program shall terminate on the date that is 10 years after the date on which the pilot program is established. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(i) Report.--For the duration of the pilot program, the Secretary shall submit to the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives an annual report that includes-- ``(1) a description of each demonstration project carried out under the pilot program during the year covered by the report; ``(2) the evaluation conducted under subsection (h); and ``(3) recommendations for legislation to improve the supplemental nutrition assistance program to better serve college students. ``(j) Waiver and Modification Authority.-- ``(1) In general.--Subject to paragraph (2), the Secretary may, as may be necessary solely to carry out the pilot program-- ``(A) waive any provision under this Act, including-- ``(i) the requirement relating to local sales tax under section 4(a); ``(ii) requirements relating to the issuance and use of supplemental nutrition assistance program benefits under section 7; and ``(iii) requirements for approval of retail food stores under section 9; and ``(B) modify the definitions under this Act for the purposes of the pilot program, including the definition of-- ``(i) the term `food' under section 3(k); ``(ii) the term `household' under section 3(m); and ``(iii) the term `retail food store' under section 3(o). ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act. <all>

College Student Hunger Act of 2021

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes.

College Student Hunger Act of 2021

Rep. Lawson, Al, Jr.

D

FL

This bill modifies the eligibility requirements for the Supplemental Nutrition Assistance Program (SNAP) to make additional students at institutions of higher education eligible for benefits.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 3. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. 2011 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (c) Updated State Outreach Plan Guidance.--Not later than 90 days after the Secretary submits to Congress a report under subsection (b), the Secretary shall publish an updated State Outreach Plan Guidance that-- (1) describes existing data on college student hunger; (2) describes the manner in which college students can access the supplemental nutrition assistance program; (3) recommends outreach activities to address college student hunger and encourages States to conduct those and other outreach activities; (4) provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student hunger; and (5) contains updated guidance based on the content of such report. DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. is amended by adding at the end the following: ``SEC. 31. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(d) Project Limit.-- ``(1) In general.--The Secretary shall carry out not more than 10 demonstration projects under the pilot program simultaneously. ``(e) Project Administration.--The Secretary shall establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project under the pilot program. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. SEC. 5. EFFECTIVE DATE.

2. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 3. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. 2011 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (c) Updated State Outreach Plan Guidance.--Not later than 90 days after the Secretary submits to Congress a report under subsection (b), the Secretary shall publish an updated State Outreach Plan Guidance that-- (1) describes existing data on college student hunger; (2) describes the manner in which college students can access the supplemental nutrition assistance program; (3) recommends outreach activities to address college student hunger and encourages States to conduct those and other outreach activities; (4) provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student hunger; and (5) contains updated guidance based on the content of such report. DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. is amended by adding at the end the following: ``SEC. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(d) Project Limit.-- ``(1) In general.--The Secretary shall carry out not more than 10 demonstration projects under the pilot program simultaneously. ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. SEC. 5. EFFECTIVE DATE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 2015(e)) is amended-- (1) in paragraph (4), by striking ``20'' and inserting ``10''; (2) in paragraph (7), by striking ``or'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 3. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. 2011 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (c) Updated State Outreach Plan Guidance.--Not later than 90 days after the Secretary submits to Congress a report under subsection (b), the Secretary shall publish an updated State Outreach Plan Guidance that-- (1) describes existing data on college student hunger; (2) describes the manner in which college students can access the supplemental nutrition assistance program; (3) recommends outreach activities to address college student hunger and encourages States to conduct those and other outreach activities; (4) provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student hunger; and (5) contains updated guidance based on the content of such report. DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. is amended by adding at the end the following: ``SEC. 31. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(d) Project Limit.-- ``(1) In general.--The Secretary shall carry out not more than 10 demonstration projects under the pilot program simultaneously. ``(e) Project Administration.--The Secretary shall establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project under the pilot program. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(j) Waiver and Modification Authority.-- ``(1) In general.--Subject to paragraph (2), the Secretary may, as may be necessary solely to carry out the pilot program-- ``(A) waive any provision under this Act, including-- ``(i) the requirement relating to local sales tax under section 4(a); ``(ii) requirements relating to the issuance and use of supplemental nutrition assistance program benefits under section 7; and ``(iii) requirements for approval of retail food stores under section 9; and ``(B) modify the definitions under this Act for the purposes of the pilot program, including the definition of-- ``(i) the term `food' under section 3(k); ``(ii) the term `household' under section 3(m); and ``(iii) the term `retail food store' under section 3(o). ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. SEC. 5. 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. 2. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 2015(e)) is amended-- (1) in paragraph (4), by striking ``20'' and inserting ``10''; (2) in paragraph (7), by striking ``or'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. ); or ``(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''. 3. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. 2011 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Strategies Report.--180 days after the effective date of this Act, the Secretary shall submit to Congress a report that describes the strategy to be used-- (1) to increase the awareness of State agencies and institutions of higher education about-- (A) college student hunger; (B) the eligibility of college students for the program; and (C) the procedures and resources available to college students who are participating in the program to access benefits under the program; (2) to identify existing or potential barriers and mitigation strategies with respect to those barriers; and (3) to update the strategic communications plan under subsection (c). (c) Updated State Outreach Plan Guidance.--Not later than 90 days after the Secretary submits to Congress a report under subsection (b), the Secretary shall publish an updated State Outreach Plan Guidance that-- (1) describes existing data on college student hunger; (2) describes the manner in which college students can access the supplemental nutrition assistance program; (3) recommends outreach activities to address college student hunger and encourages States to conduct those and other outreach activities; (4) provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student hunger; and (5) contains updated guidance based on the content of such report. DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. is amended by adding at the end the following: ``SEC. 31. 1002). ``(c) Demonstration Projects.--To carry out the pilot program, the Secretary shall carry out demonstration projects that test the following new supplemental nutrition assistance program delivery methods: ``(1) Allowing a college student receiving supplemental nutrition assistance program benefits to use those benefits or the cash value of those benefits-- ``(A) to purchase prepared foods from a campus dining hall, on-campus store, or other on-campus merchant or provider that typically sells prepared meals and is affiliated with the institution of higher education at which the student is enrolled; and ``(B) to pay the institution of higher education the cost of an on-campus college meal plan, in whole or in part. ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(d) Project Limit.-- ``(1) In general.--The Secretary shall carry out not more than 10 demonstration projects under the pilot program simultaneously. ``(e) Project Administration.--The Secretary shall establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project under the pilot program. ``(f) Project Termination.--To the maximum extent practicable, the Secretary shall ensure that the termination of a demonstration project under the pilot program shall not cause sudden adverse changes or the elimination of benefits under the supplemental nutrition assistance program for students participating in the demonstration project. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(j) Waiver and Modification Authority.-- ``(1) In general.--Subject to paragraph (2), the Secretary may, as may be necessary solely to carry out the pilot program-- ``(A) waive any provision under this Act, including-- ``(i) the requirement relating to local sales tax under section 4(a); ``(ii) requirements relating to the issuance and use of supplemental nutrition assistance program benefits under section 7; and ``(iii) requirements for approval of retail food stores under section 9; and ``(B) modify the definitions under this Act for the purposes of the pilot program, including the definition of-- ``(i) the term `food' under section 3(k); ``(ii) the term `household' under section 3(m); and ``(iii) the term `retail food store' under section 3(o). ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. b) Eligibility of Students.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended-- (1) in paragraph (4), by striking ``20'' and inserting ``10''; (2) in paragraph (7), by striking ``or'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq. ); 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) COLLEGE STUDENT HUNGER PILOT PROGRAM. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. or ``(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(b) Pilot Program.--The Secretary, in collaboration with the Secretary of Education, shall establish a pilot program under which the Secretary shall carry out demonstration projects in accordance with subsection (c)-- ``(1) to decrease student hunger at institutions of higher education; and ``(2) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. ``(g) Program Termination.--The pilot program shall terminate on the date that is 10 years after the date on which the pilot program is established. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. This Act and the amendments made by this Act shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. or ``(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(b) Pilot Program.--The Secretary, in collaboration with the Secretary of Education, shall establish a pilot program under which the Secretary shall carry out demonstration projects in accordance with subsection (c)-- ``(1) to decrease student hunger at institutions of higher education; and ``(2) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. ``(g) Program Termination.--The pilot program shall terminate on the date that is 10 years after the date on which the pilot program is established. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. This Act and the amendments made by this Act shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. b) Eligibility of Students.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended-- (1) in paragraph (4), by striking ``20'' and inserting ``10''; (2) in paragraph (7), by striking ``or'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq. ); 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) COLLEGE STUDENT HUNGER PILOT PROGRAM. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. or ``(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(b) Pilot Program.--The Secretary, in collaboration with the Secretary of Education, shall establish a pilot program under which the Secretary shall carry out demonstration projects in accordance with subsection (c)-- ``(1) to decrease student hunger at institutions of higher education; and ``(2) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. ``(g) Program Termination.--The pilot program shall terminate on the date that is 10 years after the date on which the pilot program is established. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. This Act and the amendments made by this Act shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. b) Eligibility of Students.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended-- (1) in paragraph (4), by striking ``20'' and inserting ``10''; (2) in paragraph (7), by striking ``or'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq. ); 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) COLLEGE STUDENT HUNGER PILOT PROGRAM. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. or ``(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(b) Pilot Program.--The Secretary, in collaboration with the Secretary of Education, shall establish a pilot program under which the Secretary shall carry out demonstration projects in accordance with subsection (c)-- ``(1) to decrease student hunger at institutions of higher education; and ``(2) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. ``(g) Program Termination.--The pilot program shall terminate on the date that is 10 years after the date on which the pilot program is established. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. This Act and the amendments made by this Act shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. b) Eligibility of Students.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended-- (1) in paragraph (4), by striking ``20'' and inserting ``10''; (2) in paragraph (7), by striking ``or'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); ``(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq. ); 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( DEMONSTRATION PILOT PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) COLLEGE STUDENT HUNGER PILOT PROGRAM. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(2) Limitation.--The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will-- ``(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(B) reduce the value of those benefits for any household. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. or ``(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(b) Pilot Program.--The Secretary, in collaboration with the Secretary of Education, shall establish a pilot program under which the Secretary shall carry out demonstration projects in accordance with subsection (c)-- ``(1) to decrease student hunger at institutions of higher education; and ``(2) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. ``(g) Program Termination.--The pilot program shall terminate on the date that is 10 years after the date on which the pilot program is established. ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. This Act and the amendments made by this Act shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, and for other purposes. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A). ``(h) Evaluation.--For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes.

College Student Hunger Act of 2021 This bill amends the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program (SNAP) and for other purposes. The bill requires the Department of Agriculture (USDA) to: (1) publish an updated State Outreach Plan Guidance that describes existing data on college student hunger; (2) Directs the Secretary of Agriculture to: (1) carry out at least one demonstration project at any single institution of higher education; and (2) establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project. (Sec. 5) Requires the pilot program to terminate on the date that is 10 years after the date on which it is established. (Sets

S.1843

Commerce

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

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. SEC. 2. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. 1114), is amended by adding at the end the following: ``(4)(A) Subject to subparagraph (C), an electronic commerce platform shall be deemed contributorily liable in a civil action by the registrant for the remedies hereinafter provided for a case in which, without the consent of the registrant, a third-party seller uses in commerce a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety on the platform, unless the platform demonstrates that the platform took each of the following steps to prevent such use on the platform before any infringing act by the third-party seller: ``(i) Determined after a reasonable investigation, and reasonably periodically confirmed-- ``(I) that the third-party seller designated a registered agent in the United States for service of process; or ``(II) in the case of a third-party seller located in the United States, and if the seller has not designated a registered agent under subclause (I), that the third-party seller has designated a verified address for service of process in the United States. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(iv) Imposed on the third-party seller as a condition of participating on the platform contractual requirements that-- ``(I) the third-party seller agrees not to use a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform; ``(II) the third-party seller consents to the jurisdiction of United States courts with respect to claims related to the third-party seller's participation on the platform; and ``(III) the third-party seller designates an agent for service of process in the United States, or, in the case of third-party seller located in the United States, the third-party seller designates a verified address for service of process in the United States. ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(vi) Displayed conspicuously in each listing the country of origin and manufacture of the goods, unless such information was not reasonably available to the third-party seller and the third-party seller had identified to the platform the steps it undertook to identify the country of origin and manufacture of the goods and the reasons it was unable to identify the same. ``(vii) Required each third-party seller to use images that the seller owns or has permission to use and that accurately depict the actual goods offered for sale on the platform. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. Reasonable awareness of use of a counterfeit mark may be inferred based on information regarding the use of a counterfeit mark on the platform generally, general information about the third-party seller, identifying characteristics of a particular listing, or other circumstances as appropriate. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. Use of a counterfeit mark by a third- party seller in 3 separate listings within 1 year shall be considered repeated use, except when reasonable mitigating circumstances exist. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xi) Implemented at no cost to the registrant reasonable technological measures for screening third-party sellers to ensure that sellers who have been terminated do not rejoin or remain on the platform under a different seller identity or alias. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(B) In this paragraph: ``(i) The term `counterfeit mark' has the meaning given that term in section 34(d)(1)(B). ``(ii) The term `electronic commerce platform' means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of the platform to sell or offer to sell physical goods to consumers located in the United States. ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(C) This paragraph shall apply-- ``(i) to an electronic commerce platform that has annual sales on the platform of not less than $500,000; or ``(ii) to an electronic commerce platform with less than $500,000 in annual sales 6 months after the platform has received 10 notices (in which there is a reference to this paragraph and an explicit notification to the platform of the 10-notice limit), in aggregate, identifying listings on the platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

SHOP SAFE Act of 2021

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

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

Sen. Coons, Christopher A.

D

DE

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

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. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. ``(ii) The term `electronic commerce platform' means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of the platform to sell or offer to sell physical goods to consumers located in the United States. ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. SEC. 2. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(vi) Displayed conspicuously in each listing the country of origin and manufacture of the goods, unless such information was not reasonably available to the third-party seller and the third-party seller had identified to the platform the steps it undertook to identify the country of origin and manufacture of the goods and the reasons it was unable to identify the same. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. ``(ii) The term `electronic commerce platform' means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of the platform to sell or offer to sell physical goods to consumers located in the United States. ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(C) This paragraph shall apply-- ``(i) to an electronic commerce platform that has annual sales on the platform of not less than $500,000; or ``(ii) to an electronic commerce platform with less than $500,000 in annual sales 6 months after the platform has received 10 notices (in which there is a reference to this paragraph and an explicit notification to the platform of the 10-notice limit), in aggregate, identifying listings on the platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. SEC. 2. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(iv) Imposed on the third-party seller as a condition of participating on the platform contractual requirements that-- ``(I) the third-party seller agrees not to use a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform; ``(II) the third-party seller consents to the jurisdiction of United States courts with respect to claims related to the third-party seller's participation on the platform; and ``(III) the third-party seller designates an agent for service of process in the United States, or, in the case of third-party seller located in the United States, the third-party seller designates a verified address for service of process in the United States. ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(vi) Displayed conspicuously in each listing the country of origin and manufacture of the goods, unless such information was not reasonably available to the third-party seller and the third-party seller had identified to the platform the steps it undertook to identify the country of origin and manufacture of the goods and the reasons it was unable to identify the same. ``(vii) Required each third-party seller to use images that the seller owns or has permission to use and that accurately depict the actual goods offered for sale on the platform. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. Reasonable awareness of use of a counterfeit mark may be inferred based on information regarding the use of a counterfeit mark on the platform generally, general information about the third-party seller, identifying characteristics of a particular listing, or other circumstances as appropriate. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. ``(xi) Implemented at no cost to the registrant reasonable technological measures for screening third-party sellers to ensure that sellers who have been terminated do not rejoin or remain on the platform under a different seller identity or alias. ``(ii) The term `electronic commerce platform' means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of the platform to sell or offer to sell physical goods to consumers located in the United States. ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(C) This paragraph shall apply-- ``(i) to an electronic commerce platform that has annual sales on the platform of not less than $500,000; or ``(ii) to an electronic commerce platform with less than $500,000 in annual sales 6 months after the platform has received 10 notices (in which there is a reference to this paragraph and an explicit notification to the platform of the 10-notice limit), in aggregate, identifying listings on the platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third- party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (

Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021 or the SHOP SAFE Act of 2020 - Amends the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. (Sec. 2) This bill requires an electronic commerce platform that has annual sales on the platform of not less than $500,000 to: (1) provide a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on such platform

H.R.7535

Government Operations and Politics

Quantum Computing Cybersecurity Preparedness Act This act addresses the migration of executive agencies' information technology systems to post-quantum cryptography. Post-quantum cryptography is encryption strong enough to resist attacks from quantum computers developed in the future. The act does not apply to national security systems. The Office of Management and Budget (OMB) shall issue guidance on the migration of information technology to post-quantum cryptography. Each executive agency must maintain an inventory of all information technology in use by the executive agency that is vulnerable to decryption by quantum computers. After the National Institutes of Standards and Technology (NIST) has issued post-quantum cryptography standards, the OMB shall issue guidance requiring each executive agency to develop a plan to migrate information technology of the agency to post-quantum cryptography. OMB shall submit to Congress a report on

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2389]] Public Law 117-260 117th Congress An Act To encourage the migration of Federal Government information technology systems to quantum-resistant cryptography, and for other purposes. <<NOTE: Dec. 21, 2022 - [H.R. 7535]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Quantum Computing Cybersecurity Preparedness Act.>> SECTION 1. <<NOTE: 6 USC 1500 note.>> SHORT TITLE. This Act may be cited as the ``Quantum Computing Cybersecurity Preparedness Act''. SEC. 2. <<NOTE: 6 USC 1526 note.>> FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Cryptography is essential for the national security of the United States and the functioning of the economy of the United States. (2) The most widespread encryption protocols today rely on computational limits of classical computers to provide cybersecurity. (3) Quantum computers might one day have the ability to push computational boundaries, allowing us to solve problems that have been intractable thus far, such as integer factorization, which is important for encryption. (4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. SEC. 3. <<NOTE: 6 USC 1526 note.>> DEFINITIONS. In this Act: (1) Agency .--The term ``agency''-- (A) means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and (B) does not include-- [[Page 136 STAT. 2390]] (i) the Government Accountability Office; or (ii) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions. (2) Classical computer.--The term ``classical computer'' means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. (3) Director of cisa.--The term ``Director of CISA'' means the Director of the Cybersecurity and Infrastructure Security Agency. (4) Director of nist.--The term ``Director of NIST'' means the Director of the National Institute of Standards and Technology. (5) Director of omb.--The term ``Director of OMB'' means the Director of the Office of Management and Budget. (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. (7) National security system.--The term ``national security system'' has the meaning given the term in section 3552 of title 44, United States Code. (8) Post-quantum cryptography.--The term ``post-quantum cryptography'' means those cryptographic algorithms or methods that are assessed not to be specifically vulnerable to attack by either a quantum computer or classical computer. (9) Quantum computer.--The term ``quantum computer'' means a computer that uses the collective properties of quantum states, such as superposition, interference, and entanglement, to perform calculations. SEC. 4. <<NOTE: 6 USC 1526.>> INVENTORY OF CRYPTOGRAPHIC SYSTEMS; MIGRATION TO POST-QUANTUM CRYPTOGRAPHY. (a) Inventory.-- (1) Establishment. <<NOTE: Deadline. Guidelines.>> --Not later than 180 days after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall issue guidance on the migration of information technology to post-quantum cryptography, which shall include at a minimum-- (A) <<NOTE: Requirement.>> a requirement for each agency to establish and maintain a current inventory of information technology in use by the agency that is vulnerable to decryption by quantum computers, prioritized using the criteria described in subparagraph (B); (B) <<NOTE: Criteria.>> criteria to allow agencies to prioritize their inventory efforts; and (C) a description of the information required to be reported pursuant to subsection (b). (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. 2391]] (B) a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. (3) Periodic updates.--The Director of OMB shall update the guidance required under paragraph (1) as the Director of OMB determines necessary, in coordination with the National Cyber Director and in consultation with the Director of CISA. (b) Agency Reports.--Not later than 1 year after the date of enactment of this Act, and on an ongoing basis thereafter, the head of each agency shall provide to the Director of OMB, the Director of CISA, and the National Cyber Director-- (1) the inventory described in subsection (a)(1); and (2) any other information required to be reported under subsection (a)(1)(C). (c) Migration and Assessment. <<NOTE: Deadline. Guidelines.>> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan.>> develop a plan to migrate information technology of the agency to post-quantum cryptography consistent with the prioritization under paragraph (1). (d) Interoperability. <<NOTE: Assessment. Coordination.>> --The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability. (e) Office of Management and Budget Reports.-- (1) Report on post-quantum cryptography.--Not later than 15 months after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the following: (A) <<NOTE: Strategy.>> A strategy to address the risk posed by the vulnerabilities of information technology of agencies to weakened encryption due to the potential and possible capability of a quantum computer to breach that encryption. (B) <<NOTE: Estimate.>> An estimate of the amount of funding needed by agencies to secure the information technology described in subsection (a)(1)(A) from the risk posed by an adversary of the United States using a quantum computer to breach the encryption of the information technology. (C) <<NOTE: Timelines. Standards.>> A description of Federal civilian executive branch coordination efforts led by the National Institute of Standards and Technology, including timelines, to develop standards for post-quantum cryptography, including any Federal Information Processing Standards developed under chapter 35 of title 44, United States Code, as well as standards developed through voluntary, consensus standards bodies such as the International Organization for Standardization. (2) Report on migration to post-quantum cryptography in information technology.--Not later than 1 year after the date on which the Director of OMB issues guidance under [[Page 136 STAT. 2392]] subsection (c)(2), and thereafter until the date that is 5 years after the date on which post-quantum cryptographic standards are issued, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives, with the report submitted pursuant to section 3553(c) of title 44, United States Code, a report on the progress of agencies in adopting post-quantum cryptography standards. SEC. 5. <<NOTE: 6 USC 1526 note.>> EXEMPTION OF NATIONAL SECURITY SYSTEMS. This Act shall not apply to any national security system. SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Approved December 21, 2022. LEGISLATIVE HISTORY--H.R. 7535 (S. 4592): --------------------------------------------------------------------------- SENATE REPORTS: No. 117-251 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 4592. CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House. Dec. 8, considered and passed Senate, amended. Dec. 12, 13, House considered and concurred in Senate amendment. <all>

Quantum Computing Cybersecurity Preparedness Act

To encourage the migration of Federal Government information technology systems to quantum-resistant cryptography, and for other purposes.

Quantum Computing Cybersecurity Preparedness Act Quantum Computing Cybersecurity Preparedness Act

Rep. Khanna, Ro

D

CA

This act addresses the migration of executive agencies' information technology systems to post-quantum cryptography. Post-quantum cryptography is encryption strong enough to resist attacks from quantum computers developed in the future. The act does not apply to national security systems. The Office of Management and Budget (OMB) shall issue guidance on the migration of information technology to post-quantum cryptography. Each executive agency must maintain an inventory of all information technology in use by the executive agency that is vulnerable to decryption by quantum computers. After the National Institutes of Standards and Technology (NIST) has issued post-quantum cryptography standards, the OMB shall issue guidance requiring each executive agency to develop a plan to migrate information technology of the agency to post-quantum cryptography. OMB shall submit to Congress a report on

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: Dec. 21, 2022 - [H.R. 2. <<NOTE: 6 USC 1526 note.>> FINDINGS; SENSE OF CONGRESS. (2) The most widespread encryption protocols today rely on computational limits of classical computers to provide cybersecurity. (4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. 3. In this Act: (1) Agency .--The term ``agency''-- (A) means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and (B) does not include-- [[Page 136 STAT. (5) Director of omb.--The term ``Director of OMB'' means the Director of the Office of Management and Budget. (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. 4. <<NOTE: 6 USC 1526.>> INVENTORY OF CRYPTOGRAPHIC SYSTEMS; MIGRATION TO POST-QUANTUM CRYPTOGRAPHY. (a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. (b) Agency Reports.--Not later than 1 year after the date of enactment of this Act, and on an ongoing basis thereafter, the head of each agency shall provide to the Director of OMB, the Director of CISA, and the National Cyber Director-- (1) the inventory described in subsection (a)(1); and (2) any other information required to be reported under subsection (a)(1)(C). <<NOTE: Deadline. (d) Interoperability. <<NOTE: Assessment. (C) <<NOTE: Timelines. Standards.>> A description of Federal civilian executive branch coordination efforts led by the National Institute of Standards and Technology, including timelines, to develop standards for post-quantum cryptography, including any Federal Information Processing Standards developed under chapter 35 of title 44, United States Code, as well as standards developed through voluntary, consensus standards bodies such as the International Organization for Standardization. This Act shall not apply to any national security system. 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. 7535 (S. 4592): --------------------------------------------------------------------------- SENATE REPORTS: No. 117-251 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 4592. CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House.

<<NOTE: Dec. 21, 2022 - [H.R. 2. <<NOTE: 6 USC 1526 note.>> FINDINGS; SENSE OF CONGRESS. (2) The most widespread encryption protocols today rely on computational limits of classical computers to provide cybersecurity. 3. In this Act: (1) Agency .--The term ``agency''-- (A) means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and (B) does not include-- [[Page 136 STAT. (5) Director of omb.--The term ``Director of OMB'' means the Director of the Office of Management and Budget. (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. 4. <<NOTE: 6 USC 1526.>> INVENTORY OF CRYPTOGRAPHIC SYSTEMS; MIGRATION TO POST-QUANTUM CRYPTOGRAPHY. (a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. (b) Agency Reports.--Not later than 1 year after the date of enactment of this Act, and on an ongoing basis thereafter, the head of each agency shall provide to the Director of OMB, the Director of CISA, and the National Cyber Director-- (1) the inventory described in subsection (a)(1); and (2) any other information required to be reported under subsection (a)(1)(C). (d) Interoperability. (C) <<NOTE: Timelines. Standards.>> A description of Federal civilian executive branch coordination efforts led by the National Institute of Standards and Technology, including timelines, to develop standards for post-quantum cryptography, including any Federal Information Processing Standards developed under chapter 35 of title 44, United States Code, as well as standards developed through voluntary, consensus standards bodies such as the International Organization for Standardization. This Act shall not apply to any national security system. SEC. DETERMINATION OF BUDGETARY EFFECTS. 7535 (S. 4592): --------------------------------------------------------------------------- SENATE REPORTS: No. 117-251 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 4592. CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: Dec. 21, 2022 - [H.R. 2. <<NOTE: 6 USC 1526 note.>> FINDINGS; SENSE OF CONGRESS. (2) The most widespread encryption protocols today rely on computational limits of classical computers to provide cybersecurity. (3) Quantum computers might one day have the ability to push computational boundaries, allowing us to solve problems that have been intractable thus far, such as integer factorization, which is important for encryption. (4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. 3. In this Act: (1) Agency .--The term ``agency''-- (A) means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and (B) does not include-- [[Page 136 STAT. 2390]] (i) the Government Accountability Office; or (ii) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions. (2) Classical computer.--The term ``classical computer'' means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. (5) Director of omb.--The term ``Director of OMB'' means the Director of the Office of Management and Budget. (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. 4. <<NOTE: 6 USC 1526.>> INVENTORY OF CRYPTOGRAPHIC SYSTEMS; MIGRATION TO POST-QUANTUM CRYPTOGRAPHY. (a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. (b) Agency Reports.--Not later than 1 year after the date of enactment of this Act, and on an ongoing basis thereafter, the head of each agency shall provide to the Director of OMB, the Director of CISA, and the National Cyber Director-- (1) the inventory described in subsection (a)(1); and (2) any other information required to be reported under subsection (a)(1)(C). <<NOTE: Deadline. (d) Interoperability. <<NOTE: Assessment. Coordination.>> --The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability. (C) <<NOTE: Timelines. Standards.>> A description of Federal civilian executive branch coordination efforts led by the National Institute of Standards and Technology, including timelines, to develop standards for post-quantum cryptography, including any Federal Information Processing Standards developed under chapter 35 of title 44, United States Code, as well as standards developed through voluntary, consensus standards bodies such as the International Organization for Standardization. This Act shall not apply to any national security system. 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. 7535 (S. 4592): --------------------------------------------------------------------------- SENATE REPORTS: No. 117-251 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 4592. CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House. Dec. 8, considered and passed Senate, amended.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: Dec. 21, 2022 - [H.R. This Act may be cited as the ``Quantum Computing Cybersecurity Preparedness Act''. 2. <<NOTE: 6 USC 1526 note.>> FINDINGS; SENSE OF CONGRESS. (2) The most widespread encryption protocols today rely on computational limits of classical computers to provide cybersecurity. (3) Quantum computers might one day have the ability to push computational boundaries, allowing us to solve problems that have been intractable thus far, such as integer factorization, which is important for encryption. (4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. 3. In this Act: (1) Agency .--The term ``agency''-- (A) means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and (B) does not include-- [[Page 136 STAT. 2390]] (i) the Government Accountability Office; or (ii) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions. (2) Classical computer.--The term ``classical computer'' means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. (4) Director of nist.--The term ``Director of NIST'' means the Director of the National Institute of Standards and Technology. (5) Director of omb.--The term ``Director of OMB'' means the Director of the Office of Management and Budget. (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. (9) Quantum computer.--The term ``quantum computer'' means a computer that uses the collective properties of quantum states, such as superposition, interference, and entanglement, to perform calculations. 4. <<NOTE: 6 USC 1526.>> INVENTORY OF CRYPTOGRAPHIC SYSTEMS; MIGRATION TO POST-QUANTUM CRYPTOGRAPHY. (a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. 2391]] (B) a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. (b) Agency Reports.--Not later than 1 year after the date of enactment of this Act, and on an ongoing basis thereafter, the head of each agency shall provide to the Director of OMB, the Director of CISA, and the National Cyber Director-- (1) the inventory described in subsection (a)(1); and (2) any other information required to be reported under subsection (a)(1)(C). <<NOTE: Deadline. (d) Interoperability. <<NOTE: Assessment. Coordination.>> --The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability. (e) Office of Management and Budget Reports.-- (1) Report on post-quantum cryptography.--Not later than 15 months after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the following: (A) <<NOTE: Strategy.>> A strategy to address the risk posed by the vulnerabilities of information technology of agencies to weakened encryption due to the potential and possible capability of a quantum computer to breach that encryption. (C) <<NOTE: Timelines. Standards.>> A description of Federal civilian executive branch coordination efforts led by the National Institute of Standards and Technology, including timelines, to develop standards for post-quantum cryptography, including any Federal Information Processing Standards developed under chapter 35 of title 44, United States Code, as well as standards developed through voluntary, consensus standards bodies such as the International Organization for Standardization. This Act shall not apply to any national security system. 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. Approved December 21, 2022. LEGISLATIVE HISTORY--H.R. 7535 (S. 4592): --------------------------------------------------------------------------- SENATE REPORTS: No. 117-251 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 4592. CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House. Dec. 8, considered and passed Senate, amended.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. 4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. 4) Director of nist.--The term ``Director of NIST'' means the Director of the National Institute of Standards and Technology. ( (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. ( >> --Not later than 180 days after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall issue guidance on the migration of information technology to post-quantum cryptography, which shall include at a minimum-- (A) <<NOTE: Requirement. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. 2391]] (B) a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. ( >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. >> --The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability. ( (B) <<NOTE: Estimate. >> An estimate of the amount of funding needed by agencies to secure the information technology described in subsection (a)(1)(A) from the risk posed by an adversary of the United States using a quantum computer to breach the encryption of the information technology. ( <<NOTE: 6 USC 1526 note. >> EXEMPTION OF NATIONAL SECURITY SYSTEMS. on Homeland Security and Governmental Affairs) accompanying S. 4592.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. (2) Classical computer.--The term ``classical computer'' means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. ( 3) Director of cisa.--The term ``Director of CISA'' means the Director of the Cybersecurity and Infrastructure Security Agency. ( a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. (e) Office of Management and Budget Reports.-- (1) Report on post-quantum cryptography.--Not later than 15 months after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the following: (A) <<NOTE: Strategy. 2) Report on migration to post-quantum cryptography in information technology.--Not later than 1 year after the date on which the Director of OMB issues guidance under [[Page 136 STAT. 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.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. (2) Classical computer.--The term ``classical computer'' means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. ( 3) Director of cisa.--The term ``Director of CISA'' means the Director of the Cybersecurity and Infrastructure Security Agency. ( a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. (e) Office of Management and Budget Reports.-- (1) Report on post-quantum cryptography.--Not later than 15 months after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the following: (A) <<NOTE: Strategy. 2) Report on migration to post-quantum cryptography in information technology.--Not later than 1 year after the date on which the Director of OMB issues guidance under [[Page 136 STAT. 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.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. 4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. 4) Director of nist.--The term ``Director of NIST'' means the Director of the National Institute of Standards and Technology. ( (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. ( >> --Not later than 180 days after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall issue guidance on the migration of information technology to post-quantum cryptography, which shall include at a minimum-- (A) <<NOTE: Requirement. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. 2391]] (B) a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. ( >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. >> --The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability. ( (B) <<NOTE: Estimate. >> An estimate of the amount of funding needed by agencies to secure the information technology described in subsection (a)(1)(A) from the risk posed by an adversary of the United States using a quantum computer to breach the encryption of the information technology. ( <<NOTE: 6 USC 1526 note. >> EXEMPTION OF NATIONAL SECURITY SYSTEMS. on Homeland Security and Governmental Affairs) accompanying S. 4592.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. (2) Classical computer.--The term ``classical computer'' means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. ( 3) Director of cisa.--The term ``Director of CISA'' means the Director of the Cybersecurity and Infrastructure Security Agency. ( a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. (e) Office of Management and Budget Reports.-- (1) Report on post-quantum cryptography.--Not later than 15 months after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the following: (A) <<NOTE: Strategy. 2) Report on migration to post-quantum cryptography in information technology.--Not later than 1 year after the date on which the Director of OMB issues guidance under [[Page 136 STAT. 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.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. 4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. 4) Director of nist.--The term ``Director of NIST'' means the Director of the National Institute of Standards and Technology. ( (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. ( >> --Not later than 180 days after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall issue guidance on the migration of information technology to post-quantum cryptography, which shall include at a minimum-- (A) <<NOTE: Requirement. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. 2391]] (B) a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. ( >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. >> --The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability. ( (B) <<NOTE: Estimate. >> An estimate of the amount of funding needed by agencies to secure the information technology described in subsection (a)(1)(A) from the risk posed by an adversary of the United States using a quantum computer to breach the encryption of the information technology. ( <<NOTE: 6 USC 1526 note. >> EXEMPTION OF NATIONAL SECURITY SYSTEMS. on Homeland Security and Governmental Affairs) accompanying S. 4592.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. (2) Classical computer.--The term ``classical computer'' means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. ( 3) Director of cisa.--The term ``Director of CISA'' means the Director of the Cybersecurity and Infrastructure Security Agency. ( a) Inventory.-- (1) Establishment. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. (e) Office of Management and Budget Reports.-- (1) Report on post-quantum cryptography.--Not later than 15 months after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the following: (A) <<NOTE: Strategy. 2) Report on migration to post-quantum cryptography in information technology.--Not later than 1 year after the date on which the Director of OMB issues guidance under [[Page 136 STAT. 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.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 6 USC 1526 note. 4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. 4) Director of nist.--The term ``Director of NIST'' means the Director of the National Institute of Standards and Technology. ( (6) Information technology.--The term ``information technology'' has the meaning given the term in section 3502 of title 44, United States Code. ( >> --Not later than 180 days after the date of enactment of this Act, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall issue guidance on the migration of information technology to post-quantum cryptography, which shall include at a minimum-- (A) <<NOTE: Requirement. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. 2391]] (B) a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. ( >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. >> --The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability. ( (B) <<NOTE: Estimate. >> An estimate of the amount of funding needed by agencies to secure the information technology described in subsection (a)(1)(A) from the risk posed by an adversary of the United States using a quantum computer to breach the encryption of the information technology. ( <<NOTE: 6 USC 1526 note. >> EXEMPTION OF NATIONAL SECURITY SYSTEMS. on Homeland Security and Governmental Affairs) accompanying S. 4592.

[117th Congress Public Law 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Inventory.-- (1) Establishment. ( >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan. ( 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 260] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Sense of Congress.--It is the sense of Congress that-- (1) a strategy for the migration of information technology of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post- quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. (2) Additional content in guidance.--In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph-- (A) a description of information technology to be prioritized for migration to post-quantum cryptography; and [[Page 136 STAT. >> --Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to-- (1) prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and (2) <<NOTE: Plan.

Quantum Computing Cybersecurity Preparedness Act - Directs the Director of the Office of Management and Budget (OMB) to issue guidance on the prioritization of information technology migration efforts to post-quantum cryptography. Requires the Director to: (1) establish a minimum inventory of information systems vulnerable to quantum-resistant cryptography; and (2) issue a report to Congress on the Directs the Director of the Office of Management and Budget (OMB) to report to the Senate and the House on: (1) a strategy to address the risk posed by the vulnerabilities of information technology of agencies to weakened encryption due to the potential and possible capability of a quantum computer to breach that encryption; and (2) an estimate of the amount of funding needed by agencies to

H.R.5652

Government Operations and Politics

DHS Acquisition Review Board Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish an Acquisition Review Board to support the Management Directorate in managing DHS acquisitions. The bill lists the board's responsibilities, which include determining whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase. The chair of the board must ensure that all actions and decisions made pursuant to the board's responsibilities are documented in an acquisition decision memorandum that includes specified elements, such as the rationale for the decision.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Acquisition Review Board Act of 2021''. SEC. 2. ACQUISITION REVIEW BOARD. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. 836. ACQUISITION REVIEW BOARD. ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(b) Composition.-- ``(1) Chair.--The Under Secretary for Management shall serve as chair of the Board. ``(2) Oversight.--The Under Secretary for Management may designate an employee of the Department to oversee the operations of the Board. ``(3) Participation.-- The Under Secretary for Management shall ensure participation by other relevant Department officials with responsibilities related to acquisitions as permanent members of the Board, including the following: ``(A) The Chair of the Joint Requirements Council. ``(B) The Chief Financial Officer. ``(C) The Chief Human Capital Officer. ``(D) The Chief Information Officer. ``(E) The Chief Procurement Officer. ``(F) The Chief Readiness Support Officer. ``(G) The Chief Security Officer. ``(H) The Director of the Office of Test and Evaluation. ``(I) Other relevant senior Department officials, as designated by the Under Secretary for Management. ``(c) Meetings.--The Board shall meet regularly for purposes of evaluating the progress and status of an acquisition program. The Board shall convene at the Under Secretary for Management's discretion, and at such time as-- ``(1) a new acquisition program is initiated; ``(2) a major acquisition program-- ``(A) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life-cycle; ``(B) is in breach of its approved acquisition program baseline; or ``(C) requires additional review, as determined by the Under Secretary for Management; or ``(3) a non-major acquisition program requires review, as determined by the Under Secretary for Management. ``(d) Responsibilities.--The responsibilities of the Board are as follows: ``(1) Determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure of each such program to satisfy the mission need of the Department over the life-cycle of such acquisition regardless of funding source. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(3) Oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and is aligned with the mission and strategic goals of the Department. ``(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(6) Review the acquisition documents of each major acquisition program, including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost, schedule, and performance objectives, to ensure the reliability of underlying data. ``(7) Ensure that practices are adopted and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including, at a minimum, the following practices: ``(A) Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule concerns before performance objectives are established for capabilities when feasible. ``(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. ``(e) Documentation.-- ``(1) In general.--The chair of the Board shall ensure that all actions and decisions made pursuant to the responsibilities of the Board under subsection (d) are documented in an acquisition decision memorandum that includes-- ``(A) a summary of the action at issue or purpose for convening a meeting under subsection (c); ``(B) the decision with respect to actions discussed during such meeting; ``(C) the rationale for such a decision, including justifications for any such decision made to allow acquisition programs to deviate from the acquisition management policy of the Department; ``(D) any assigned items for further action; and ``(E) the signature of the chair verifying the contents of such memorandum. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(2) Acquisition decision authority.--The term `acquisition decision authority' means the authority, held by the Secretary to-- ``(A) ensure acquisition programs are in compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives; ``(B) review (including approving, pausing, modifying, or cancelling) an acquisition program through the life-cycle of such program; ``(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program; ``(D) ensure appropriate acquisition program management of cost, schedule, risk, and system performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches; and ``(E) ensure that acquisition program managers, on an ongoing basis, monitor cost, schedule, and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life-cycle of such program to avoid and mitigate acquisition program baseline breaches. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(6) Best practices.--The term `best practices', with respect to acquisition, means a knowledge-based approach to capability development that includes-- ``(A) identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) clearly establishing well-defined requirements; ``(D) developing realistic cost estimates and schedules that account for the entire life-cycle of such an acquisition; ``(E) securing stable funding that matches resources to requirements before initiating such development; ``(F) demonstrating technology, design, and manufacturing maturity before initiating production of the item that is the subject of such acquisition; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress; ``(H) regularly assessing and managing risks to achieving requirements and cost and schedule goals; ``(I) adopting and executing standardized processes with known success across programs; ``(J) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and ``(K) integrating the capabilities described in subparagraphs (A) through (J). ``(7) Major acquisition program.--The term `major acquisition program' means-- ``(A) a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2022 constant dollars) over its life-cycle cost; or ``(B) a program identified by the Under Secretary for Management as a program of special interest. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Acquisition Review Board.''. Passed the House of Representatives November 16, 2021. Attest: CHERYL L. JOHNSON, Clerk.

DHS Acquisition Review Board Act of 2021

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes.

DHS Acquisition Review Board Act of 2021 DHS Acquisition Review Board Act of 2021 DHS Acquisition Review Board Act of 2021

Rep. Van Drew, Jefferson

R

NJ

This bill requires the Department of Homeland Security (DHS) to establish an Acquisition Review Board to support the Management Directorate in managing DHS acquisitions. The bill lists the board's responsibilities, which include determining whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase. The chair of the board must ensure that all actions and decisions made pursuant to the board's responsibilities are documented in an acquisition decision memorandum that includes specified elements, such as the rationale for the decision.

2. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. ACQUISITION REVIEW BOARD. ``(b) Composition.-- ``(1) Chair.--The Under Secretary for Management shall serve as chair of the Board. ``(B) The Chief Financial Officer. ``(E) The Chief Procurement Officer. ``(F) The Chief Readiness Support Officer. ``(H) The Director of the Office of Test and Evaluation. ``(I) Other relevant senior Department officials, as designated by the Under Secretary for Management. ``(c) Meetings.--The Board shall meet regularly for purposes of evaluating the progress and status of an acquisition program. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(3) Oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and is aligned with the mission and strategic goals of the Department. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Passed the House of Representatives November 16, 2021. Attest: CHERYL L. JOHNSON, Clerk.

2. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. ACQUISITION REVIEW BOARD. ``(b) Composition.-- ``(1) Chair.--The Under Secretary for Management shall serve as chair of the Board. ``(B) The Chief Financial Officer. ``(E) The Chief Procurement Officer. ``(F) The Chief Readiness Support Officer. ``(H) The Director of the Office of Test and Evaluation. ``(I) Other relevant senior Department officials, as designated by the Under Secretary for Management. ``(c) Meetings.--The Board shall meet regularly for purposes of evaluating the progress and status of an acquisition program. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Passed the House of Representatives November 16, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. ACQUISITION REVIEW BOARD. ``(b) Composition.-- ``(1) Chair.--The Under Secretary for Management shall serve as chair of the Board. ``(2) Oversight.--The Under Secretary for Management may designate an employee of the Department to oversee the operations of the Board. ``(3) Participation.-- The Under Secretary for Management shall ensure participation by other relevant Department officials with responsibilities related to acquisitions as permanent members of the Board, including the following: ``(A) The Chair of the Joint Requirements Council. ``(B) The Chief Financial Officer. ``(E) The Chief Procurement Officer. ``(F) The Chief Readiness Support Officer. ``(H) The Director of the Office of Test and Evaluation. ``(I) Other relevant senior Department officials, as designated by the Under Secretary for Management. ``(c) Meetings.--The Board shall meet regularly for purposes of evaluating the progress and status of an acquisition program. The Board shall convene at the Under Secretary for Management's discretion, and at such time as-- ``(1) a new acquisition program is initiated; ``(2) a major acquisition program-- ``(A) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life-cycle; ``(B) is in breach of its approved acquisition program baseline; or ``(C) requires additional review, as determined by the Under Secretary for Management; or ``(3) a non-major acquisition program requires review, as determined by the Under Secretary for Management. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(3) Oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and is aligned with the mission and strategic goals of the Department. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(6) Best practices.--The term `best practices', with respect to acquisition, means a knowledge-based approach to capability development that includes-- ``(A) identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) clearly establishing well-defined requirements; ``(D) developing realistic cost estimates and schedules that account for the entire life-cycle of such an acquisition; ``(E) securing stable funding that matches resources to requirements before initiating such development; ``(F) demonstrating technology, design, and manufacturing maturity before initiating production of the item that is the subject of such acquisition; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress; ``(H) regularly assessing and managing risks to achieving requirements and cost and schedule goals; ``(I) adopting and executing standardized processes with known success across programs; ``(J) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and ``(K) integrating the capabilities described in subparagraphs (A) through (J). ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. 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. 2. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. ACQUISITION REVIEW BOARD. ``(b) Composition.-- ``(1) Chair.--The Under Secretary for Management shall serve as chair of the Board. ``(2) Oversight.--The Under Secretary for Management may designate an employee of the Department to oversee the operations of the Board. ``(3) Participation.-- The Under Secretary for Management shall ensure participation by other relevant Department officials with responsibilities related to acquisitions as permanent members of the Board, including the following: ``(A) The Chair of the Joint Requirements Council. ``(B) The Chief Financial Officer. ``(D) The Chief Information Officer. ``(E) The Chief Procurement Officer. ``(F) The Chief Readiness Support Officer. ``(H) The Director of the Office of Test and Evaluation. ``(I) Other relevant senior Department officials, as designated by the Under Secretary for Management. ``(c) Meetings.--The Board shall meet regularly for purposes of evaluating the progress and status of an acquisition program. The Board shall convene at the Under Secretary for Management's discretion, and at such time as-- ``(1) a new acquisition program is initiated; ``(2) a major acquisition program-- ``(A) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life-cycle; ``(B) is in breach of its approved acquisition program baseline; or ``(C) requires additional review, as determined by the Under Secretary for Management; or ``(3) a non-major acquisition program requires review, as determined by the Under Secretary for Management. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(3) Oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and is aligned with the mission and strategic goals of the Department. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(7) Ensure that practices are adopted and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including, at a minimum, the following practices: ``(A) Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule concerns before performance objectives are established for capabilities when feasible. ``(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. ``(e) Documentation.-- ``(1) In general.--The chair of the Board shall ensure that all actions and decisions made pursuant to the responsibilities of the Board under subsection (d) are documented in an acquisition decision memorandum that includes-- ``(A) a summary of the action at issue or purpose for convening a meeting under subsection (c); ``(B) the decision with respect to actions discussed during such meeting; ``(C) the rationale for such a decision, including justifications for any such decision made to allow acquisition programs to deviate from the acquisition management policy of the Department; ``(D) any assigned items for further action; and ``(E) the signature of the chair verifying the contents of such memorandum. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(6) Best practices.--The term `best practices', with respect to acquisition, means a knowledge-based approach to capability development that includes-- ``(A) identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) clearly establishing well-defined requirements; ``(D) developing realistic cost estimates and schedules that account for the entire life-cycle of such an acquisition; ``(E) securing stable funding that matches resources to requirements before initiating such development; ``(F) demonstrating technology, design, and manufacturing maturity before initiating production of the item that is the subject of such acquisition; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress; ``(H) regularly assessing and managing risks to achieving requirements and cost and schedule goals; ``(I) adopting and executing standardized processes with known success across programs; ``(J) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and ``(K) integrating the capabilities described in subparagraphs (A) through (J). ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. 101 et seq.) is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Passed the House of Representatives November 16, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(G) The Chief Security Officer. ``(H) The Director of the Office of Test and Evaluation. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(7) Major acquisition program.--The term `major acquisition program' means-- ``(A) a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2022 constant dollars) over its life-cycle cost; or ``(B) a program identified by the Under Secretary for Management as a program of special interest. Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ACQUISITION REVIEW BOARD. ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(E) The Chief Procurement Officer. ``(d) Responsibilities.--The responsibilities of the Board are as follows: ``(1) Determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure of each such program to satisfy the mission need of the Department over the life-cycle of such acquisition regardless of funding source. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. ( Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ACQUISITION REVIEW BOARD. ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(E) The Chief Procurement Officer. ``(d) Responsibilities.--The responsibilities of the Board are as follows: ``(1) Determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure of each such program to satisfy the mission need of the Department over the life-cycle of such acquisition regardless of funding source. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. ( Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(G) The Chief Security Officer. ``(H) The Director of the Office of Test and Evaluation. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(7) Major acquisition program.--The term `major acquisition program' means-- ``(A) a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2022 constant dollars) over its life-cycle cost; or ``(B) a program identified by the Under Secretary for Management as a program of special interest. Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ACQUISITION REVIEW BOARD. ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(E) The Chief Procurement Officer. ``(d) Responsibilities.--The responsibilities of the Board are as follows: ``(1) Determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure of each such program to satisfy the mission need of the Department over the life-cycle of such acquisition regardless of funding source. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. ( Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(G) The Chief Security Officer. ``(H) The Director of the Office of Test and Evaluation. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(7) Major acquisition program.--The term `major acquisition program' means-- ``(A) a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2022 constant dollars) over its life-cycle cost; or ``(B) a program identified by the Under Secretary for Management as a program of special interest. Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ACQUISITION REVIEW BOARD. ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(E) The Chief Procurement Officer. ``(d) Responsibilities.--The responsibilities of the Board are as follows: ``(1) Determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure of each such program to satisfy the mission need of the Department over the life-cycle of such acquisition regardless of funding source. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. ( Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(G) The Chief Security Officer. ``(H) The Director of the Office of Test and Evaluation. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events. ``(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions' current acquisition phases. ``(2) Submission of memorandum.--Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum' means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program. ``(7) Major acquisition program.--The term `major acquisition program' means-- ``(A) a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2022 constant dollars) over its life-cycle cost; or ``(B) a program identified by the Under Secretary for Management as a program of special interest. Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ACQUISITION REVIEW BOARD. ( ``(a) In General.--There is established in the Department an Acquisition Review Board (in this section referred to as the `Board') to support the Under Secretary for Management in managing the Department's acquisitions. ``(8) Non-major acquisition program.--The term `non-major acquisition program' means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.''. ( Passed the House of Representatives November 16, 2021.

To amend the Homeland Security Act of 2002 to establish the Acquisition Review Board in the Department of Homeland Security, and for other purposes. ``(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(5) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program.

DHS Acquisition Review Board Act of 2021 - Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) an acquisition Review Board to support the Under Secretary for Management in managing the Department's acquisitions. (Sec. 2) Requires the Board to: (1) determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on Amends the Homeland Security Act of 2002 to establish the Acquisition Review Board to review and report to the Secretary of Homeland Security (DHS) on: (1) whether a major acquisition program is in compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives; (2) whether an acquisition program has been approved, paused, modified, or cancelled; (3)

H.R.508

Transportation and Public Works

Safe And Friendly for the Environment Streets Act or the SAFE Streets Act This bill revises the Highway Safety Improvement Program to create special rules for vulnerable road users. The bill defines vulnerable road user as a nonmotorist such as a pedestrian, pedalcylcist, bicyclist, other cyclist, or person on personal conveyance. Specifically, the bill requires

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe And Friendly for the Environment Streets Act'' or the ``SAFE Streets Act''. SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM. Section 148 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4)(B)(xiii) by inserting ``, including the development of a vulnerable road user safety assessment under section 1601 of the SAFE Streets Act'' after ``safety planning''; (B) in paragraph (11)-- (i) by redesignating subparagraphs (G) through (I) as subparagraphs (H) through (J); and (ii) by inserting after subparagraph (F) the following: ``(G) includes a vulnerable road user safety assessment described under paragraph (16);''; and (C) by adding at the end the following: ``(13) Vulnerable road user.--The term `vulnerable road user' means a nonmotorist-- ``(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term `number of non-motorized fatalities' in section 490.205 of title 23, Code of Federal Regulations (or successor regulation); or ``(B) described in the term `number of non- motorized serious injuries' in such section. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l).''; (2) in subsection (c)-- (A) in paragraph (1) by striking ``(a)(11)'' and inserting ``(a)(13)''; and (B) in paragraph (2)(A)(vi) by inserting ``, consistent with the vulnerable road user safety assessment'' after ``nonmotorized crashes''; (3) in subsection (d)(1)(B)-- (A) in clause (iv) by inserting ``and serious injury'' after ``fatality''; (B) in clause (vii) by striking ``; and'' and inserting a semicolon; (C) by redesignating clause (viii) as clause (ix); and (D) by inserting after clause (vii) the following: ``(viii) the findings of a vulnerable road user safety assessment of the State; and''; (4) in subsection (g) by adding at the end the following: ``(3) Vulnerable road user safety.-- ``(A) In general.--Beginning on the date of enactment of the SAFE Streets Act, if a State determines that the number of vulnerable road user fatalities and serious injuries per capita in such State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita among all States, that State shall be required to obligate over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside in such State under section 133(h)(1) for fiscal year 2020, less any amounts obligated by a metropolitan planning organization in the State as required by subparagraph (D), for-- ``(i) in the first fiscal year-- ``(I) performing the vulnerable user safety assessment as prescribed by subsection (l); ``(II) providing matching funds for transportation alternatives safety project as identified in section 133(h)(7)(B); and ``(III) projects eligible under section 133(h)(3)(A), (B), (C), or (I); and ``(ii) in each fiscal year thereafter, the program of projects identified in subsection (l)(2)(C). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(D) Metropolitan planning area with excessive fatalities and serious injuries per capita.-- ``(i) Annual determination.--Beginning on the date of enactment of the SAFE Streets Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period. ``(ii) Requirement to obligate funds.--If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C). ``(E) Source of funds.-- ``(i) Metropolitan planning organization in state required to obligate funds.--For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7). ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7).''; and (5) by adding at the end the following: ``(l) Vulnerable Road User Safety Assessment.-- ``(1) In general.--Not later than 1 year after date of enactment of the SAFE Streets Act, each State shall create a vulnerable road user safety assessment. ``(2) Contents.--A vulnerable road user safety assessment required under paragraph (1) shall include-- ``(A) a description of the location within the State of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location; ``(B) a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; ``(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B); and ``(D) include a list of projects within the State that primarily address the safety of vulnerable road users that-- ``(i) have been completed during the 2 most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment, including the amount of funding that has been dedicated to those projects, described in total amounts and as a percentage of total capital expenditures; and ``(ii) are planned to be completed during the 2 fiscal years following the date of the publication of the vulnerable road user assessment, including the amount of funding that the State plans to be dedicated to those projects, described in total amounts and as a percentage of total capital expenditures. ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B). ``(5) Update.--A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan. ``(6) Transportation system access.--The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users. ``(7) Metropolitan planning area assessments.--A metropolitan planning organization that represents an urbanized area with a population greater than 200,000 shall complete a vulnerable user safety assessment based on the most recent 5 years of available data, unless an assessment was completed in the previous 5 years, including-- ``(A) a description of the location within the urbanized area of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location; ``(B) a description of any corridors that represent a high-risk area identified under paragraph (2)(B) that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; and ``(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B).''. <all>

SAFE Streets Act

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes.

SAFE Streets Act Safe And Friendly for the Environment Streets Act

Rep. Brownley, Julia

D

CA

This bill revises the Highway Safety Improvement Program to create special rules for vulnerable road users. The bill defines vulnerable road user as a nonmotorist such as a pedestrian, pedalcylcist, bicyclist, other cyclist, or person on personal conveyance. Specifically, the bill requires

SHORT TITLE. This Act may be cited as the ``Safe And Friendly for the Environment Streets Act'' or the ``SAFE Streets Act''. 2. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(ii) Requirement to obligate funds.--If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C). ``(6) Transportation system access.--The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users.

SHORT TITLE. This Act may be cited as the ``Safe And Friendly for the Environment Streets Act'' or the ``SAFE Streets Act''. 2. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(ii) Requirement to obligate funds.--If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C). ``(6) Transportation system access.--The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe And Friendly for the Environment Streets Act'' or the ``SAFE Streets Act''. SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM. Section 148 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4)(B)(xiii) by inserting ``, including the development of a vulnerable road user safety assessment under section 1601 of the SAFE Streets Act'' after ``safety planning''; (B) in paragraph (11)-- (i) by redesignating subparagraphs (G) through (I) as subparagraphs (H) through (J); and (ii) by inserting after subparagraph (F) the following: ``(G) includes a vulnerable road user safety assessment described under paragraph (16);''; and (C) by adding at the end the following: ``(13) Vulnerable road user.--The term `vulnerable road user' means a nonmotorist-- ``(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term `number of non-motorized fatalities' in section 490.205 of title 23, Code of Federal Regulations (or successor regulation); or ``(B) described in the term `number of non- motorized serious injuries' in such section. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(ii) Requirement to obligate funds.--If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C). ``(2) Contents.--A vulnerable road user safety assessment required under paragraph (1) shall include-- ``(A) a description of the location within the State of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location; ``(B) a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; ``(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B); and ``(D) include a list of projects within the State that primarily address the safety of vulnerable road users that-- ``(i) have been completed during the 2 most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment, including the amount of funding that has been dedicated to those projects, described in total amounts and as a percentage of total capital expenditures; and ``(ii) are planned to be completed during the 2 fiscal years following the date of the publication of the vulnerable road user assessment, including the amount of funding that the State plans to be dedicated to those projects, described in total amounts and as a percentage of total capital expenditures. ``(5) Update.--A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan. ``(6) Transportation system access.--The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe And Friendly for the Environment Streets Act'' or the ``SAFE Streets Act''. SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM. Section 148 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4)(B)(xiii) by inserting ``, including the development of a vulnerable road user safety assessment under section 1601 of the SAFE Streets Act'' after ``safety planning''; (B) in paragraph (11)-- (i) by redesignating subparagraphs (G) through (I) as subparagraphs (H) through (J); and (ii) by inserting after subparagraph (F) the following: ``(G) includes a vulnerable road user safety assessment described under paragraph (16);''; and (C) by adding at the end the following: ``(13) Vulnerable road user.--The term `vulnerable road user' means a nonmotorist-- ``(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term `number of non-motorized fatalities' in section 490.205 of title 23, Code of Federal Regulations (or successor regulation); or ``(B) described in the term `number of non- motorized serious injuries' in such section. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(ii) Requirement to obligate funds.--If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C). ``(2) Contents.--A vulnerable road user safety assessment required under paragraph (1) shall include-- ``(A) a description of the location within the State of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location; ``(B) a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; ``(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B); and ``(D) include a list of projects within the State that primarily address the safety of vulnerable road users that-- ``(i) have been completed during the 2 most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment, including the amount of funding that has been dedicated to those projects, described in total amounts and as a percentage of total capital expenditures; and ``(ii) are planned to be completed during the 2 fiscal years following the date of the publication of the vulnerable road user assessment, including the amount of funding that the State plans to be dedicated to those projects, described in total amounts and as a percentage of total capital expenditures. ``(5) Update.--A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan. ``(6) Transportation system access.--The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users.

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(E) Source of funds.-- ``(i) Metropolitan planning organization in state required to obligate funds.--For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7). ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(D) Metropolitan planning area with excessive fatalities and serious injuries per capita.-- ``(i) Annual determination.--Beginning on the date of enactment of the SAFE Streets Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period. ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(D) Metropolitan planning area with excessive fatalities and serious injuries per capita.-- ``(i) Annual determination.--Beginning on the date of enactment of the SAFE Streets Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period. ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(E) Source of funds.-- ``(i) Metropolitan planning organization in state required to obligate funds.--For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7). ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(D) Metropolitan planning area with excessive fatalities and serious injuries per capita.-- ``(i) Annual determination.--Beginning on the date of enactment of the SAFE Streets Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period. ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(E) Source of funds.-- ``(i) Metropolitan planning organization in state required to obligate funds.--For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7). ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(D) Metropolitan planning area with excessive fatalities and serious injuries per capita.-- ``(i) Annual determination.--Beginning on the date of enactment of the SAFE Streets Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period. ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(E) Source of funds.-- ``(i) Metropolitan planning organization in state required to obligate funds.--For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7). ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(D) Metropolitan planning area with excessive fatalities and serious injuries per capita.-- ``(i) Annual determination.--Beginning on the date of enactment of the SAFE Streets Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period. ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(E) Source of funds.-- ``(i) Metropolitan planning organization in state required to obligate funds.--For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7). ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7). ''; ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

Safe And Friendly for the Environment Streets Act or the SAFE Streets Act - Amends Federal highway law to require a State to obligate, beginning on the date of enactment of this Act, an amount that is not less than 75% of the amount set aside for FY2020 for performing the vulnerable road user safety assessment and matching funds for transportation alternatives safety projects. Requires a metropolitan planning organization Requires a State to: (1) assess the last five years of available data; and (2) include a list of projects within the State that primarily address the safety of vulnerable road users that have been completed during the two most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment, including the amount of funding that has been dedicated to those projects, and

S.2092

Native Americans

Native American Rural Homeownership Improvement Act of 2021 This bill provides statutory authority for a Department of Agriculture pilot program that provides direct loans to Native community development financial institutions to increase homeownership opportunities for tribal communities in rural areas.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. Be it enacted by the Senate 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 Rural Homeownership Improvement Act of 2021''. SEC. 2. NATIVE CDFI RELENDING PROGRAM. Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following: ``(j) Set Aside for Native Community Development Financial Institutions.-- ``(1) Definitions.--In this subsection-- ``(A) the term `Alaska Native' has the meaning given the term `Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); ``(B) the term `appropriate congressional committees' means-- ``(i) the Committee on Agriculture of the Senate; ``(ii) the Committee on Indian Affairs of the Senate; ``(iii) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(iv) the Committee on Agriculture of the House of Representatives; ``(v) the Committee on Natural Resources of the House of Representatives; and ``(vi) the Committee on Financial Services of the House of Representatives; ``(C) the term `community development financial institution' has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702); ``(D) the term `Indian Tribe' has the meaning given the term `Indian tribe' in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); ``(E) the term `Native community development financial institution' means an entity-- ``(i) that has been certified as a community development financial institution by the Secretary of the Treasury; ``(ii) that is not less than 50 percent owned or controlled by members of Indian Tribes, Alaska Native communities, or Native Hawaiian communities; and ``(iii) for which not less than 50 percent of the activities of the entity serve Indian Tribes, Alaska Native communities, or Native Hawaiian communities; ``(F) the term `Native Hawaiian' has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); and ``(G) the term `priority Tribal land' means-- ``(i) any land located within the boundaries of-- ``(I) an Indian reservation, pueblo, or rancheria; or ``(II) a former reservation within Oklahoma; ``(ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-- ``(I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; ``(II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or ``(III) by a dependent Indian community; ``(iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a)); ``(iv) Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or ``(v) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(4) Application requirements.--A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution-- ``(A) can provide the non-Federal cost share required under paragraph (6); and ``(B) is able to originate and service loans for single family homes. ``(5) Lending requirements.--A Native community development financial institution that receives a loan pursuant to this subsection shall-- ``(A) use those amounts to make loans to borrowers-- ``(i) who otherwise meet the requirements for a loan under this section; and ``(ii) who-- ``(I) are members of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; or ``(II) maintain a household in which not less 1 member is a member of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; and ``(B) in making loans under subparagraph (A), give priority to borrowers described in that subparagraph who are residing on priority Tribal land. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(7) Reporting.-- ``(A) Annual report by native cdfis.--Each Native community development financial institution that receives a loan pursuant to this subsection shall submit an annual report to the Secretary on the lending activities of the institution using the loan amounts, which shall include-- ``(i) a description of the outreach efforts of the institution in local communities to identify eligible borrowers; ``(ii) a description of how the institution leveraged additional capital to reach prospective borrowers; ``(iii) the number of loan applications received, approved, and deployed; ``(iv) the average loan amount; ``(v) the number of finalized loans that were made on Tribal trust lands and not on Tribal trust lands; and ``(vi) the number of finalized loans that were made on priority Tribal land and not priority Tribal land. ``(B) Annual report to congress.--Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes-- ``(i) a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount; ``(ii) the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and ``(iii) the average loan amount made by Native community development financial institutions pursuant to this subsection. ``(C) Evaluation of program.--Not later than 3 years after the date of enactment of this subsection, the Secretary and the Secretary of the Treasury shall conduct an evaluation of and submit to the appropriate congressional committees a report on the program under this subsection, which shall-- ``(i) evaluate the effectiveness of the program, including an evaluation of the demand for loans under the program; and ``(ii) include recommendations relating to the program, including whether-- ``(I) the program should be expanded to such that all community development financial institutions may make loans under the program to the borrowers described in paragraph (5); and ``(II) the set aside amount paragraph (3) should be modified in order to match demand under the program. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded. ``(9) Outreach and technical assistance.--There is authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2022, 2023, and 2024-- ``(A) to provide technical assistance to Native community development financial institutions-- ``(i) relating to homeownership and other housing-related assistance provided by the Secretary; and ``(ii) to assist those institutions to perform outreach to eligible homebuyers relating to the loan program under this section; or ``(B) to provide funding to a national organization representing Native American housing interests to perform outreach and provide technical assistance as described in clauses (i) and (ii), respectively, of subparagraph (A).''. <all>

Native American Rural Homeownership Improvement Act of 2021

A bill to permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.

Native American Rural Homeownership Improvement Act of 2021

Sen. Smith, Tina

D

MN

This bill provides statutory authority for a Department of Agriculture pilot program that provides direct loans to Native community development financial institutions to increase homeownership opportunities for tribal communities in rural areas.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. 2. 1602(b)); ``(B) the term `appropriate congressional committees' means-- ``(i) the Committee on Agriculture of the Senate; ``(ii) the Committee on Indian Affairs of the Senate; ``(iii) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(iv) the Committee on Agriculture of the House of Representatives; ``(v) the Committee on Natural Resources of the House of Representatives; and ``(vi) the Committee on Financial Services of the House of Representatives; ``(C) the term `community development financial institution' has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702); ``(D) the term `Indian Tribe' has the meaning given the term `Indian tribe' in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); and ``(G) the term `priority Tribal land' means-- ``(i) any land located within the boundaries of-- ``(I) an Indian reservation, pueblo, or rancheria; or ``(II) a former reservation within Oklahoma; ``(ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-- ``(I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; ``(II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or ``(III) by a dependent Indian community; ``(iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(B) Annual report to congress.--Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes-- ``(i) a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount; ``(ii) the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and ``(iii) the average loan amount made by Native community development financial institutions pursuant to this subsection.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. 2. 1602(b)); ``(B) the term `appropriate congressional committees' means-- ``(i) the Committee on Agriculture of the Senate; ``(ii) the Committee on Indian Affairs of the Senate; ``(iii) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(iv) the Committee on Agriculture of the House of Representatives; ``(v) the Committee on Natural Resources of the House of Representatives; and ``(vi) the Committee on Financial Services of the House of Representatives; ``(C) the term `community development financial institution' has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702); ``(D) the term `Indian Tribe' has the meaning given the term `Indian tribe' in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); and ``(G) the term `priority Tribal land' means-- ``(i) any land located within the boundaries of-- ``(I) an Indian reservation, pueblo, or rancheria; or ``(II) a former reservation within Oklahoma; ``(ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-- ``(I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; ``(II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or ``(III) by a dependent Indian community; ``(iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. SHORT TITLE. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. SEC. 2. 1602(b)); ``(B) the term `appropriate congressional committees' means-- ``(i) the Committee on Agriculture of the Senate; ``(ii) the Committee on Indian Affairs of the Senate; ``(iii) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(iv) the Committee on Agriculture of the House of Representatives; ``(v) the Committee on Natural Resources of the House of Representatives; and ``(vi) the Committee on Financial Services of the House of Representatives; ``(C) the term `community development financial institution' has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702); ``(D) the term `Indian Tribe' has the meaning given the term `Indian tribe' in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); and ``(G) the term `priority Tribal land' means-- ``(i) any land located within the boundaries of-- ``(I) an Indian reservation, pueblo, or rancheria; or ``(II) a former reservation within Oklahoma; ``(ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-- ``(I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; ``(II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or ``(III) by a dependent Indian community; ``(iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(B) Annual report to congress.--Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes-- ``(i) a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount; ``(ii) the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and ``(iii) the average loan amount made by Native community development financial institutions pursuant to this subsection. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(9) Outreach and technical assistance.--There is authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2022, 2023, and 2024-- ``(A) to provide technical assistance to Native community development financial institutions-- ``(i) relating to homeownership and other housing-related assistance provided by the Secretary; and ``(ii) to assist those institutions to perform outreach to eligible homebuyers relating to the loan program under this section; or ``(B) to provide funding to a national organization representing Native American housing interests to perform outreach and provide technical assistance as described in clauses (i) and (ii), respectively, of subparagraph (A).''.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. Be it enacted by the Senate 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 Rural Homeownership Improvement Act of 2021''. SEC. 2. NATIVE CDFI RELENDING PROGRAM. Section 502 of the Housing Act of 1949 (42 U.S.C. 1602(b)); ``(B) the term `appropriate congressional committees' means-- ``(i) the Committee on Agriculture of the Senate; ``(ii) the Committee on Indian Affairs of the Senate; ``(iii) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(iv) the Committee on Agriculture of the House of Representatives; ``(v) the Committee on Natural Resources of the House of Representatives; and ``(vi) the Committee on Financial Services of the House of Representatives; ``(C) the term `community development financial institution' has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702); ``(D) the term `Indian Tribe' has the meaning given the term `Indian tribe' in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); and ``(G) the term `priority Tribal land' means-- ``(i) any land located within the boundaries of-- ``(I) an Indian reservation, pueblo, or rancheria; or ``(II) a former reservation within Oklahoma; ``(ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-- ``(I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; ``(II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or ``(III) by a dependent Indian community; ``(iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 4221); or ``(v) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(4) Application requirements.--A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution-- ``(A) can provide the non-Federal cost share required under paragraph (6); and ``(B) is able to originate and service loans for single family homes. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(B) Annual report to congress.--Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes-- ``(i) a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount; ``(ii) the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and ``(iii) the average loan amount made by Native community development financial institutions pursuant to this subsection. ``(C) Evaluation of program.--Not later than 3 years after the date of enactment of this subsection, the Secretary and the Secretary of the Treasury shall conduct an evaluation of and submit to the appropriate congressional committees a report on the program under this subsection, which shall-- ``(i) evaluate the effectiveness of the program, including an evaluation of the demand for loans under the program; and ``(ii) include recommendations relating to the program, including whether-- ``(I) the program should be expanded to such that all community development financial institutions may make loans under the program to the borrowers described in paragraph (5); and ``(II) the set aside amount paragraph (3) should be modified in order to match demand under the program. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(9) Outreach and technical assistance.--There is authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2022, 2023, and 2024-- ``(A) to provide technical assistance to Native community development financial institutions-- ``(i) relating to homeownership and other housing-related assistance provided by the Secretary; and ``(ii) to assist those institutions to perform outreach to eligible homebuyers relating to the loan program under this section; or ``(B) to provide funding to a national organization representing Native American housing interests to perform outreach and provide technical assistance as described in clauses (i) and (ii), respectively, of subparagraph (A).''.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(4) Application requirements.--A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution-- ``(A) can provide the non-Federal cost share required under paragraph (6); and ``(B) is able to originate and service loans for single family homes. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(4) Application requirements.--A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution-- ``(A) can provide the non-Federal cost share required under paragraph (6); and ``(B) is able to originate and service loans for single family homes. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(4) Application requirements.--A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution-- ``(A) can provide the non-Federal cost share required under paragraph (6); and ``(B) is able to originate and service loans for single family homes. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(4) Application requirements.--A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution-- ``(A) can provide the non-Federal cost share required under paragraph (6); and ``(B) is able to originate and service loans for single family homes. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(6) Non-federal cost share.-- ``(A) In general.--A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. This Act may be cited as the ``Native American Rural Homeownership Improvement Act of 2021''. ``(2) Purpose.--The purpose of this subsection is to-- ``(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and ``(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. ``(3) Set aside for native cdfis.--Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. ``(4) Application requirements.--A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution-- ``(A) can provide the non-Federal cost share required under paragraph (6); and ``(B) is able to originate and service loans for single family homes. ``(B) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non- Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. ``(8) Grants for operational support.-- ``(A) In general.--The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to-- ``(i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and ``(ii) the availability of funding. ``(B) Amount.--A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded.

Native American Rural Homeownership Improvement Act of 2021 - Amends the Housing Act of 1949 to direct the Secretary of Agriculture to establish a Native Community Development Financial Institutions lending program for Native community development financial institutions (CDFI) to make direct loans to non-Native family members of such institutions to purchase single family homes in rural areas. Sets aside 50% of amounts appropriated for Directs the Secretary of the Treasury to make grants to Native community development financial institutions (CDFIs) to provide operational support and other related services to those institutions, subject to satisfactory performance and the availability of funding. Authorizes appropriations.

S.4115

Economics and Public Finance

Fairness for Crime Victims Act of 2022 This bill establishes budget points of order in the House of Representatives and the Senate against considering provisions in appropriations legislation that contain changes in mandatory programs (CHIMPs) that would cause the amount available for obligation during the fiscal year from the Crime Victims Fund (CVF) to be less than the annual average for the three previous fiscal years. A CHIMP is a provision that (1) would have been estimated as affecting direct spending or receipts if the provision were included in legislation other than an appropriations bill; and (2) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted budget resolution.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Crime Victims Act of 2022''. SEC. 2. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. (a) Findings.--Congress finds that-- (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 (Public Law 98-473) into law; (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been accounting for funds collected by the Crime Victims Fund, but not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to victims of crime; (10) since fiscal year 2015, Congress has increased disbursals from the Crime Victims Fund to victims of crime, but a permanent solution is necessary to ensure consistent disbursals to victims of crime who rely on these funds every year; (11) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (12) it is time to restore fairness to crime victims; and (13) funds collected by the Crime Victims Fund should be used for services to and compensation of crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(a) Definitions.--In this section-- ``(1) the term `CHIMP' means a provision that-- ``(A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in effect prior to September 30, 2002) if the provision was included in legislation other than an appropriation Act; and ``(B) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget; ``(2) the term `Crime Victims Fund' means the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (34 U.S.C. 20101); and ``(3) the term `3-year average amount' means the annual average amount that was deposited into the Crime Victims Fund during the 3-fiscal-year period beginning on October 1 of the fourth fiscal year before the fiscal year to which a CHIMP affecting the Crime Victims Fund applies. ``(b) Point of Order in the Senate.-- ``(1) Point of order.-- ``(A) In general.--Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(C) Limitation.--A point of order shall not lie in the Senate under this paragraph if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). ``(3) Conference reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to paragraph (1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(c) Point of Order in the House of Representatives.-- ``(1) In general.-- ``(A) Point of order.--Except as provided in subparagraph (B), a provision in a bill or joint resolution making appropriations for a fiscal year that proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount shall not be in order in the House of Representatives. ``(B) Limitation.--Subparagraph (A) shall not apply if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. (c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``PART C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec. 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund.''. <all>

Fairness for Crime Victims Act of 2022

A bill to curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending.

Fairness for Crime Victims Act of 2022

Sen. Toomey, Patrick

R

PA

This bill establishes budget points of order in the House of Representatives and the Senate against considering provisions in appropriations legislation that contain changes in mandatory programs (CHIMPs) that would cause the amount available for obligation during the fiscal year from the Crime Victims Fund (CVF) to be less than the annual average for the three previous fiscal years. A CHIMP is a provision that (1) would have been estimated as affecting direct spending or receipts if the provision were included in legislation other than an appropriations bill; and (2) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted budget resolution.

SEC. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). Any such motion in the Senate shall be debatable. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(B) Limitation.--Subparagraph (A) shall not apply if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. 441.

SEC. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). Any such motion in the Senate shall be debatable. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(B) Limitation.--Subparagraph (A) shall not apply if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. 441.

SEC. (a) Findings.--Congress finds that-- (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 (Public Law 98-473) into law; (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been accounting for funds collected by the Crime Victims Fund, but not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to victims of crime; (10) since fiscal year 2015, Congress has increased disbursals from the Crime Victims Fund to victims of crime, but a permanent solution is necessary to ensure consistent disbursals to victims of crime who rely on these funds every year; (11) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (12) it is time to restore fairness to crime victims; and (13) funds collected by the Crime Victims Fund should be used for services to and compensation of crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(a) Definitions.--In this section-- ``(1) the term `CHIMP' means a provision that-- ``(A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). Any such motion in the Senate shall be debatable. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(B) Limitation.--Subparagraph (A) shall not apply if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. 441.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. (a) Findings.--Congress finds that-- (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 (Public Law 98-473) into law; (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been accounting for funds collected by the Crime Victims Fund, but not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to victims of crime; (10) since fiscal year 2015, Congress has increased disbursals from the Crime Victims Fund to victims of crime, but a permanent solution is necessary to ensure consistent disbursals to victims of crime who rely on these funds every year; (11) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (12) it is time to restore fairness to crime victims; and (13) funds collected by the Crime Victims Fund should be used for services to and compensation of crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(a) Definitions.--In this section-- ``(1) the term `CHIMP' means a provision that-- ``(A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in effect prior to September 30, 2002) if the provision was included in legislation other than an appropriation Act; and ``(B) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget; ``(2) the term `Crime Victims Fund' means the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (34 U.S.C. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). ``(3) Conference reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to paragraph (1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(B) Limitation.--Subparagraph (A) shall not apply if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. 441.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. ``(b) Point of Order in the Senate.-- ``(1) Point of order.-- ``(A) In general.--Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. Any such motion in the Senate shall be debatable. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. ( c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``PART C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. ``(b) Point of Order in the Senate.-- ``(1) Point of order.-- ``(A) In general.--Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. Any such motion in the Senate shall be debatable. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. ( c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``PART C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. ``(b) Point of Order in the Senate.-- ``(1) Point of order.-- ``(A) In general.--Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. Any such motion in the Senate shall be debatable. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. ( c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``PART C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. ``(b) Point of Order in the Senate.-- ``(1) Point of order.-- ``(A) In general.--Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. Any such motion in the Senate shall be debatable. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. ( c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``PART C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(B) Point of order sustained.--If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate.

To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. ``(b) Point of Order in the Senate.-- ``(1) Point of order.-- ``(A) In general.--Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate.

Fairness for Crime Victims Act of 2022 This bill amends the Congressional Budget Act of 1974 to prohibit the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. The bill also requires the Senate and the House of Representatives to report to the President on whether there is a joint motion in either chamber to consider changes to mandatory programs that would cause a net decrease in budget Amends the Congressional Budget Act of 1974 to prohibit the House of Representatives from considering an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year that proposes a criminal justice incentive payment program (CHIMP) that would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the three-year average amount

H.R.8078

Health

Reducing Medically Unnecessary Delays in Care Act of 2022 This bill requires Medicare coverage decisions, including prior authorization requirements and adverse coverage decisions, to be based on written clinical criteria that is developed in consultation with physicians.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Medically Unnecessary Delays in Care Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Adverse determination.--The term ``adverse determination'' means a decision by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan that administers prior authorization programs under the Medicare program under title XVIII of the Social Security Act or such plan that the health care services furnished or proposed to be furnished to an individual entitled to benefits or enrolled under the Medicare program are not medically necessary, or are experimental or investigational; and benefit coverage under such program or plan for such services is therefore denied, reduced, or terminated. (2) Authorization.--The term ``authorization'' means a determination by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan that administers prior authorization programs under the Medicare program under title XVIII of the Social Security Act or such plan that a health care service has been reviewed and, based on the information provided, satisfies the utilization review entity's requirements for medical necessity and appropriateness and that payment will be made under the Medicare program under title XVIII of the Social Security Act or such plan for that health care service. (3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. (4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. (6) Medically necessary health care service.--The term ``medically necessary health care services'' means health care services that a prudent physician would provide to a patient for the purpose of preventing, diagnosing, or treating an illness, injury, disease, or its symptoms in a manner that is-- (A) in accordance with generally accepted standards of medical practice; (B) clinically appropriate in terms of type, frequency, extent, site, and duration; and (C) not primarily for the economic benefit of the health plans and purchasers or for the convenience of the patient, treating physician, or other health care provider. (7) Medicare administrative contractor.--The term ``medicare administrative contractor'' means a medicare administrative contractor with a contract under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1). (8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. (9) Preauthorization.--The term ``Preauthorization''-- (A) means the process by which a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan determines the medical necessity or medical appropriateness of health care services for which benefits are otherwise provided under the Medicare program under title XVIII of the Social Security Act or such plan prior to the rendering of such health care services, including preadmission review, pretreatment review, utilization, and case management; and (B) includes any requirement that a patient or health care provider notify the Centers for Medicare & Medicaid Services prior to providing a health care service. (10) Prescription drug plan.--The term ``prescription drug plan'' means a prescription drug plan under part D of title XVIII of the Social Security Act. SEC. 3. CONTRACT REQUIREMENTS FOR PRIOR AUTHORIZATION MEDICAL DECISIONS FOR MEDICARE ADMINISTRATIVE CONTRACTORS, MEDICARE ADVANTAGE PLANS, AND PRESCRIPTION DRUG PLANS. Any contract that applies on or after the date that is 90 days after the date of the enactment of this Act, between the Secretary of Health and Human Services and a medicare administrative contractor under section 1874A of the Social Security Act, a Medicare Advantage organization under section 1857 of such Act with respect to the offering of a Medicare Advantage plan, or a PDP sponsor under section 1860D-12 of such Act with respect to the offering of a prescription drug plan shall require such medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, to comply with each of the following requirements: (1) Medical necessity.--Any restriction, preauthorization, adverse determination, or final adverse determination that the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, places on the provision of a health care service for the purposes of coverage or payment of such service under the Medicare program under title XVIII of such Act, or under such plan, shall be based on the medical necessity or appropriateness of such service and on written clinical criteria. (2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. (3) Input from physicians.--Prior to establishing, or substantially or materially altering, written clinical criteria for purpose of preauthorization review, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall obtain input from actively practicing physicians within the service area where the written clinical criteria are to be employed. Such physicians must represent major areas of specialty and be certified by the boards of the American Board of Medical Specialties. The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall seek input from physicians who are not employees of the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan. (4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. (5) Website posting.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall make any current preauthorization requirements and restrictions readily accessible on its website to subscribers, health care providers, and the general public. This includes the written clinical criteria. Such requirements must be described in detail but also in easily understandable language. (6) Notice required for new requirements or restrictions.-- If the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, decides to implement a new preauthorization requirement or restriction, or amend an existing requirement or restriction, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall provide contracted health care providers written notice of the new or amended requirement or amendment no less than 60 days before the requirement or restriction is implemented and shall ensure that the new or amended requirement has been updated on the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan's website. (7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall include categories for-- (A) physician specialty; (B) medication or diagnostic test/procedure; (C) indication offered; and (D) reason for denial. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State. <all>

Reducing Medically Unnecessary Delays in Care Act of 2022

To ensure that prior authorization medical decisions under Medicare are determined by physicians.

Reducing Medically Unnecessary Delays in Care Act of 2022

Rep. Green, Mark E.

R

TN

This bill requires Medicare coverage decisions, including prior authorization requirements and adverse coverage decisions, to be based on written clinical criteria that is developed in consultation with physicians.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Medically Unnecessary Delays in Care Act of 2022''. 2. DEFINITIONS. (4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. 1395kk-1). SEC. 3. Such physicians must represent major areas of specialty and be certified by the boards of the American Board of Medical Specialties. The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall seek input from physicians who are not employees of the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. This includes the written clinical criteria. Such requirements must be described in detail but also in easily understandable language. (6) Notice required for new requirements or restrictions.-- If the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, decides to implement a new preauthorization requirement or restriction, or amend an existing requirement or restriction, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall provide contracted health care providers written notice of the new or amended requirement or amendment no less than 60 days before the requirement or restriction is implemented and shall ensure that the new or amended requirement has been updated on the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan's website. (7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Medically Unnecessary Delays in Care Act of 2022''. 2. (4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. 1395kk-1). SEC. 3. Such physicians must represent major areas of specialty and be certified by the boards of the American Board of Medical Specialties. The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall seek input from physicians who are not employees of the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. This includes the written clinical criteria. Such requirements must be described in detail but also in easily understandable language. (7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Medically Unnecessary Delays in Care Act of 2022''. 2. DEFINITIONS. (3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. (4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. (6) Medically necessary health care service.--The term ``medically necessary health care services'' means health care services that a prudent physician would provide to a patient for the purpose of preventing, diagnosing, or treating an illness, injury, disease, or its symptoms in a manner that is-- (A) in accordance with generally accepted standards of medical practice; (B) clinically appropriate in terms of type, frequency, extent, site, and duration; and (C) not primarily for the economic benefit of the health plans and purchasers or for the convenience of the patient, treating physician, or other health care provider. 1395kk-1). SEC. 3. Such physicians must represent major areas of specialty and be certified by the boards of the American Board of Medical Specialties. The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall seek input from physicians who are not employees of the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. This includes the written clinical criteria. Such requirements must be described in detail but also in easily understandable language. (6) Notice required for new requirements or restrictions.-- If the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, decides to implement a new preauthorization requirement or restriction, or amend an existing requirement or restriction, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall provide contracted health care providers written notice of the new or amended requirement or amendment no less than 60 days before the requirement or restriction is implemented and shall ensure that the new or amended requirement has been updated on the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan's website. (7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Medically Unnecessary Delays in Care Act of 2022''. 2. DEFINITIONS. (3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. (4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. (6) Medically necessary health care service.--The term ``medically necessary health care services'' means health care services that a prudent physician would provide to a patient for the purpose of preventing, diagnosing, or treating an illness, injury, disease, or its symptoms in a manner that is-- (A) in accordance with generally accepted standards of medical practice; (B) clinically appropriate in terms of type, frequency, extent, site, and duration; and (C) not primarily for the economic benefit of the health plans and purchasers or for the convenience of the patient, treating physician, or other health care provider. 1395kk-1). (9) Preauthorization.--The term ``Preauthorization''-- (A) means the process by which a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan determines the medical necessity or medical appropriateness of health care services for which benefits are otherwise provided under the Medicare program under title XVIII of the Social Security Act or such plan prior to the rendering of such health care services, including preadmission review, pretreatment review, utilization, and case management; and (B) includes any requirement that a patient or health care provider notify the Centers for Medicare & Medicaid Services prior to providing a health care service. SEC. 3. Any contract that applies on or after the date that is 90 days after the date of the enactment of this Act, between the Secretary of Health and Human Services and a medicare administrative contractor under section 1874A of the Social Security Act, a Medicare Advantage organization under section 1857 of such Act with respect to the offering of a Medicare Advantage plan, or a PDP sponsor under section 1860D-12 of such Act with respect to the offering of a prescription drug plan shall require such medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, to comply with each of the following requirements: (1) Medical necessity.--Any restriction, preauthorization, adverse determination, or final adverse determination that the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, places on the provision of a health care service for the purposes of coverage or payment of such service under the Medicare program under title XVIII of such Act, or under such plan, shall be based on the medical necessity or appropriateness of such service and on written clinical criteria. Such physicians must represent major areas of specialty and be certified by the boards of the American Board of Medical Specialties. The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall seek input from physicians who are not employees of the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. This includes the written clinical criteria. Such requirements must be described in detail but also in easily understandable language. (6) Notice required for new requirements or restrictions.-- If the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, decides to implement a new preauthorization requirement or restriction, or amend an existing requirement or restriction, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall provide contracted health care providers written notice of the new or amended requirement or amendment no less than 60 days before the requirement or restriction is implemented and shall ensure that the new or amended requirement has been updated on the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan's website. (7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan shall include categories for-- (A) physician specialty; (B) medication or diagnostic test/procedure; (C) indication offered; and (D) reason for denial. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. ( 4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. ( (7) Medicare administrative contractor.--The term ``medicare administrative contractor'' means a medicare administrative contractor with a contract under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1). ( 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( 2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. (3) Input from physicians.--Prior to establishing, or substantially or materially altering, written clinical criteria for purpose of preauthorization review, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall obtain input from actively practicing physicians within the service area where the written clinical criteria are to be employed. 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such requirements must be described in detail but also in easily understandable language. ( 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. 3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. ( (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. ( 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( 2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. ( 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. ( 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. 3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. ( (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. ( 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( 2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. ( 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. ( 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. ( 4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. ( (7) Medicare administrative contractor.--The term ``medicare administrative contractor'' means a medicare administrative contractor with a contract under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1). ( 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( 2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. (3) Input from physicians.--Prior to establishing, or substantially or materially altering, written clinical criteria for purpose of preauthorization review, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall obtain input from actively practicing physicians within the service area where the written clinical criteria are to be employed. 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such requirements must be described in detail but also in easily understandable language. ( 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. 3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. ( (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. ( 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( 2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. ( 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. ( 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. ( 4) Final adverse determination.--The term ``final adverse determination'' means an adverse determination that has been upheld by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan at the completion of the contractor's appeals process. ( (7) Medicare administrative contractor.--The term ``medicare administrative contractor'' means a medicare administrative contractor with a contract under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1). ( 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( 2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. (3) Input from physicians.--Prior to establishing, or substantially or materially altering, written clinical criteria for purpose of preauthorization review, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall obtain input from actively practicing physicians within the service area where the written clinical criteria are to be employed. 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such requirements must be described in detail but also in easily understandable language. ( 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. 3) Clinical criteria.--The term ``clinical criteria'' means the written policies, written screening procedures, drug formularies, or lists of covered drugs, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by a medicare administrative contractor, Medicare Advantage plan, or prescription drug plan to determine the necessity and appropriateness of health care services. ( (5) Health care service.--The term ``health care service'' means a health care item, service, procedure, treatment, or prescription drug provided by a facility licensed in the State involved or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in such State. ( 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( 2) Evidence-based standards.--If no independently developed evidence-based standards exist for a particular health care service, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, may not deny coverage of the health care service based solely on the grounds that the health care service does not meet an evidence-based standard. ( 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. Such written clinical criteria must-- (A) be based on nationally recognized standards; (B) be developed in accordance with the current standards of national accreditation entities; (C) reflect community standards of care; ensure quality of care and access to needed health care services; (D) be evidence-based; (E) be sufficiently flexible to allow deviations from norms when justified on case-by-case bases; and (F) be evaluated and updated if necessary at least annually. ( 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( (3) Input from physicians.--Prior to establishing, or substantially or materially altering, written clinical criteria for purpose of preauthorization review, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall obtain input from actively practicing physicians within the service area where the written clinical criteria are to be employed. 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. 7) Availability of determinations.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, utilizing preauthorization shall make statistics available regarding preauthorization approvals and denials for coverage or payment of health care services under the Medicare program under title XVIII of the Social Security Act or such plan on their website in a readily accessible format. (8) Determinations made by physicians.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall ensure that all preauthorizations and adverse determinations are made by a physician who possesses a current and valid non-restricted license to practice medicine in a State, and must be board certified or eligible in the same specialty as the health care provider who typically manages the medical condition or disease or provides the health care service. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

To ensure that prior authorization medical decisions under Medicare are determined by physicians. 8) Medicare advantage plan.--The term ``Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act. ( (3) Input from physicians.--Prior to establishing, or substantially or materially altering, written clinical criteria for purpose of preauthorization review, the medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall obtain input from actively practicing physicians within the service area where the written clinical criteria are to be employed. 4) Written clinical criteria.--The medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, shall apply written clinical criteria for the purpose of preauthorization review consistently. The physician must make the adverse determination under the clinical direction of one of the medicare administrative contractor's, Medicare Advantage plan's, or prescription drug plan's medical directors who is responsible for the provision of health care services and who is licensed in such State.

Reducing Medically Unnecessary Delays in Care Act of 2022 - Requires a Medicare Advantage plan offering Medicare to require that prior authorization medical decisions under Medicare be determined by physicians. (Currently, such decisions are determined by a Medicare administrative contractor.) (Sec. 3) Requires the Secretary of Health and Human Services, within 90 days after enactment of this Act, to require any Medicare Advantage Directs the Medicare administrative contractor, Medicare Advantage plan, or prescription drug plan, respectively, to: (1) make any current preauthorization requirements and restrictions readily accessible on its website to subscribers, health care providers, and the general public; and (2) apply written clinical criteria for the purpose of review consistently. (3) provide written notice of any new or amended preauthor

S.50

Immigration

Venezuela Temporary Protected Status Act of 2021 This bill provides assistance to eligible nationals of Venezuela. Under this bill, eligible nationals of Venezuela shall qualify for temporary protected status, which prevents their removal from the United States and allows them to obtain employment and travel authorization. Such status shall be available to qualifying nationals of Venezuela for 18 months starting from this bill's enactment. The Department of State shall work with international partners to increase the capacity of countries in the region to provide migration services and asylum to eligible Venezuelan citizens.

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Venezuela Temporary Protected Status Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Venezuela is enduring an unprecedented economic, humanitarian, security, and human rights crisis, consisting of extreme food and medicine shortages, severe infant and child malnutrition, rampant crime, and government-sponsored repression, which has resulted in significant displacement of Venezuelans to countries across the Western Hemisphere. (2) Venezuela's economy contracted by 66 percent between 2014 and 2019, with the International Monetary Fund reporting that inflation reached an annual rate of nearly 20,000 percent in 2019, making Venezuela the country with the highest level of inflation in the world. (3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with-- (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization's List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. (5) Venezuela continues to be among the world's most violent countries, and the Venezuelan Violence Observatory, an independent nongovernmental organization, calculated that there were approximately 46 murders in Venezuela during 2020 for every 100,000 people. (6) According to the United Nations Office of the High Commissioner for Human Rights (OHCHR)-- (A) Venezuelan intelligence and security forces have increasingly used arbitrary arrests, detentions, torture, and extrajudicial killings to repress and intimidate civil society, political opponents, and any voices of dissent; (B) between 2015 and 2017, at least 505 people, including 24 children, were executed by Venezuelan security forces, leading the International Criminal Court prosecutor to announce a preliminary investigation into the use of excessive force in Venezuela; and (C) the incidence of alleged extrajudicial killings by security forces has been shockingly high, according to an OHCHR report, with the government registering nearly 7,000 extrajudicial killings between January 2018 and May 2019. (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. (8) According to the United Nations High Commissioner for Refugees (UNHCR), more than 5,400,000 Venezuelans have fled their country for reasons such as violence, political oppression, economic hardship, and the ongoing humanitarian crisis. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) Venezuela's economic, security, and displacement crisis has resulted in extraordinary and temporary conditions that currently prevent Venezuelan nationals from safely returning to Venezuela; and (2) Venezuela should be designated under subsection (b)(1)(C) of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) for a period of 18 months to permit nationals of Venezuela to be eligible for temporary protected status in accordance with such section. SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. (b) Aliens Eligible.--As a result of the designation made under subsection (a), an alien who is a national of Venezuela is deemed to satisfy the requirements under paragraph (1) of section 244(c) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to paragraph (3) of such section, if the alien-- (1) has been continuously physically present in the United States since the date of the enactment of this Act; (2) is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section; (3) is not ineligible for temporary protected status under paragraph (2)(B) of such section; and (4) registers for temporary protected status in a manner established by the Secretary of Homeland Security. (c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. (2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). SEC. 5. IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. (a) In General.--The Secretary of State, in consultation with the Secretary of Homeland Security, shall work with international partners, including the United Nations High Commissioner for Refugees and the International Organization for Migration, to support and provide technical assistance to improve the domestic capacity of countries surrounding Venezuela and in the region to provide migration services and asylum to eligible Venezuelan citizens-- (1) by establishing and expanding temporary and long-term, in-country reception centers and shelter capacity in those surrounding countries to meet the humanitarian needs of Venezuelan migrants or Venezuelans seeking asylum or other forms of international protection; (2) by improving migration and asylum registration systems in those surrounding countries to ensure that Venezuelan migrants and Venezuelans seeking asylum or other humanitarian protection-- (A) receive due process and meaningful access to legal protections; and (B) receive proper documents in order to prevent fraud and facilitate freedom of movement and access to basic social services; (3) by supporting the creation or expansion of a corps of trained migration and asylum officers from those countries who are capable of-- (A) providing migration services; and (B) evaluating and deciding individual asylum claims consistent with international law and obligations; and (4) by developing the capacity to conduct best interest determinations for Venezuelan migrants to ensure that their needs are properly met. (b) Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a strategy describing plans for assisting the development of the international asylum processing capabilities described in subsection (a) to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on the Judiciary of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. (B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (ii) Notification requirement.--If a waiver is invoked under clause (i), the President shall notify the committees listed in subsection (b) of the intention to obligate funds under this section as early as practicable, but not later than 3 days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. <all>

Venezuela Temporary Protected Status Act of 2021

A bill to temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status.

Venezuela Temporary Protected Status Act of 2021

Sen. Menendez, Robert

D

NJ

This bill provides assistance to eligible nationals of Venezuela. Under this bill, eligible nationals of Venezuela shall qualify for temporary protected status, which prevents their removal from the United States and allows them to obtain employment and travel authorization. Such status shall be available to qualifying nationals of Venezuela for 18 months starting from this bill's enactment. The Department of State shall work with international partners to increase the capacity of countries in the region to provide migration services and asylum to eligible Venezuelan citizens.

This Act may be cited as the ``Venezuela Temporary Protected Status Act of 2021''. 2. FINDINGS. (3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with-- (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization's List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. 3. SENSE OF CONGRESS. 4. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. SEC. 5. IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. (b) Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a strategy describing plans for assisting the development of the international asylum processing capabilities described in subsection (a) to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on the Judiciary of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States.

This Act may be cited as the ``Venezuela Temporary Protected Status Act of 2021''. 2. FINDINGS. (3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. 3. SENSE OF CONGRESS. 4. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. SEC. 5. IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. (b) Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a strategy describing plans for assisting the development of the international asylum processing capabilities described in subsection (a) to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on the Judiciary of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States.

SHORT TITLE. This Act may be cited as the ``Venezuela Temporary Protected Status Act of 2021''. 2. FINDINGS. (3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with-- (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization's List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. (6) According to the United Nations Office of the High Commissioner for Human Rights (OHCHR)-- (A) Venezuelan intelligence and security forces have increasingly used arbitrary arrests, detentions, torture, and extrajudicial killings to repress and intimidate civil society, political opponents, and any voices of dissent; (B) between 2015 and 2017, at least 505 people, including 24 children, were executed by Venezuelan security forces, leading the International Criminal Court prosecutor to announce a preliminary investigation into the use of excessive force in Venezuela; and (C) the incidence of alleged extrajudicial killings by security forces has been shockingly high, according to an OHCHR report, with the government registering nearly 7,000 extrajudicial killings between January 2018 and May 2019. (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. 3. SENSE OF CONGRESS. 4. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. SEC. 5. IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. (b) Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a strategy describing plans for assisting the development of the international asylum processing capabilities described in subsection (a) to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on the Judiciary of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. (B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States.

SHORT TITLE. This Act may be cited as the ``Venezuela Temporary Protected Status Act of 2021''. 2. FINDINGS. (2) Venezuela's economy contracted by 66 percent between 2014 and 2019, with the International Monetary Fund reporting that inflation reached an annual rate of nearly 20,000 percent in 2019, making Venezuela the country with the highest level of inflation in the world. (3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with-- (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization's List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. (5) Venezuela continues to be among the world's most violent countries, and the Venezuelan Violence Observatory, an independent nongovernmental organization, calculated that there were approximately 46 murders in Venezuela during 2020 for every 100,000 people. (6) According to the United Nations Office of the High Commissioner for Human Rights (OHCHR)-- (A) Venezuelan intelligence and security forces have increasingly used arbitrary arrests, detentions, torture, and extrajudicial killings to repress and intimidate civil society, political opponents, and any voices of dissent; (B) between 2015 and 2017, at least 505 people, including 24 children, were executed by Venezuelan security forces, leading the International Criminal Court prosecutor to announce a preliminary investigation into the use of excessive force in Venezuela; and (C) the incidence of alleged extrajudicial killings by security forces has been shockingly high, according to an OHCHR report, with the government registering nearly 7,000 extrajudicial killings between January 2018 and May 2019. (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. 3. SENSE OF CONGRESS. 4. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. SEC. 5. IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. (a) In General.--The Secretary of State, in consultation with the Secretary of Homeland Security, shall work with international partners, including the United Nations High Commissioner for Refugees and the International Organization for Migration, to support and provide technical assistance to improve the domestic capacity of countries surrounding Venezuela and in the region to provide migration services and asylum to eligible Venezuelan citizens-- (1) by establishing and expanding temporary and long-term, in-country reception centers and shelter capacity in those surrounding countries to meet the humanitarian needs of Venezuelan migrants or Venezuelans seeking asylum or other forms of international protection; (2) by improving migration and asylum registration systems in those surrounding countries to ensure that Venezuelan migrants and Venezuelans seeking asylum or other humanitarian protection-- (A) receive due process and meaningful access to legal protections; and (B) receive proper documents in order to prevent fraud and facilitate freedom of movement and access to basic social services; (3) by supporting the creation or expansion of a corps of trained migration and asylum officers from those countries who are capable of-- (A) providing migration services; and (B) evaluating and deciding individual asylum claims consistent with international law and obligations; and (4) by developing the capacity to conduct best interest determinations for Venezuelan migrants to ensure that their needs are properly met. (b) Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a strategy describing plans for assisting the development of the international asylum processing capabilities described in subsection (a) to-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on the Judiciary of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. (B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States.

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with-- (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization's List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. ( 5) Venezuela continues to be among the world's most violent countries, and the Venezuelan Violence Observatory, an independent nongovernmental organization, calculated that there were approximately 46 murders in Venezuela during 2020 for every 100,000 people. ( (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. ( c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. (2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (ii) Notification requirement.--If a waiver is invoked under clause (i), the President shall notify the committees listed in subsection (b) of the intention to obligate funds under this section as early as practicable, but not later than 3 days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver.

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. ( 7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. ( c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. ( 2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. ( 7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. ( c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. ( 2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with-- (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization's List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. ( 5) Venezuela continues to be among the world's most violent countries, and the Venezuelan Violence Observatory, an independent nongovernmental organization, calculated that there were approximately 46 murders in Venezuela during 2020 for every 100,000 people. ( (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. ( c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. (2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (ii) Notification requirement.--If a waiver is invoked under clause (i), the President shall notify the committees listed in subsection (b) of the intention to obligate funds under this section as early as practicable, but not later than 3 days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver.

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. ( 7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. ( c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. ( 2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. (4) Access to quality healthcare is severely impeded, with-- (A) more than 50 percent of healthcare professionals having left Venezuela during the past 5 years; (B) pharmacies experiencing shortages of approximately 85 percent of needed medicines; (C) 88 percent of hospitals lacking the basic medicines that should be available in any functional public hospital, including those that are on the World Health Organization's List of Essential Medicines; and (D) roughly 70 percent of Venezuelan hospitals surveyed in 2019 lacking access to clean water. ( 5) Venezuela continues to be among the world's most violent countries, and the Venezuelan Violence Observatory, an independent nongovernmental organization, calculated that there were approximately 46 murders in Venezuela during 2020 for every 100,000 people. ( (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of the enactment of this Act. ( c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. (2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). IMPROVING INTERNAL MIGRATION SYSTEMS IN COUNTRIES SURROUNDING VENEZUELA. c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (ii) Notification requirement.--If a waiver is invoked under clause (i), the President shall notify the committees listed in subsection (b) of the intention to obligate funds under this section as early as practicable, but not later than 3 days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver.

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. ( 7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. ( c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. ( 2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of State $10,000,000 for fiscal year 2021 to carry out the activities set forth in subsection (b). (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. ( ( (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. ( (2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. ( (2) Notification requirement.-- (A) In general.--Except as provided under subparagraph (B), amounts appropriated or otherwise made available pursuant to paragraph (1) may not be obligated until 15 days after the date on which the President provides notice to the committees listed in subsection (b) of the intent to obligate such funds. ( B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (

To temporarily designate Venezuela under section 244(b) of the Immigration and Nationality Act to permit eligible nationals of Venezuela to be granted temporary protected status. 3) As evidence of the humanitarian crisis created by Venezuela's systemic economic turmoil and government corruption-- (A) the percentage of Venezuelans living in poverty increased from 48.4 percent in 2014 to 96 percent in 2019, with 80 percent living in extreme poverty, according to household surveys; and (B) at least 2,300,000 Venezuelans face severe food insecurity. ( ( (7) The United Nations Human Rights Council's Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela reported in September 2020 that the regime's crimes were ``part of a widespread and systematic course of conduct, thus amounting to crimes against humanity''. ( a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Venezuela shall be treated as if it had been designated under subsection (b)(1)(C) of such section, subject to the provisions of this section. ( (2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). B) Waiver.-- (i) In general.--The Secretary of State may waive the requirement under subparagraph (A) if the Secretary of State determines that such waiver is in the national interest of the United States. (

Venezuela Temporary Protected Status Act of 2021 This bill authorizes the Department of Homeland Security (DHS) to temporarily designate certain nationals of Venezuela as nationals of the United States for a period of up to 18 months to be eligible for temporary protected status (TPS) under the Immigration and Nationality Act (INA). The bill expresses the sense of Congress that: (1) Directs the Secretary of State to work with international partners to support and provide technical assistance to improve the domestic capacity of countries surrounding Venezuela and in the region to provide migration services and asylum to eligible Venezuelan citizens. (Sec. 2) Authorizes appropriations for FY 2021 to carry out such activities. (Sets forth provisions regarding: (1) notification of appropriations; (2) waiver of

S.2110

Health

Increasing Rural Telehealth Access Act of 2021 This bill establishes, as part of certain grants for telehealth networks and resource centers, a pilot project to increase the use of remote patient monitoring technology in rural areas. Specifically, the Health Resources and Services Administration (HRSA) must award grants to coordinate care in rural areas for individuals with chronic conditions and conduct other activities using remote patient monitoring technology. To be eligible for a grant, entities must meet requirements for participating in telehealth networks and must use appropriate technologies. In awarding these grants, HRSA shall give priority to entities that are capable of establishing programs quickly and that use technologies that provide continuous, real-time coaching services.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Rural Telehealth Access Act of 2021''. SEC. 2. INCREASING RURAL TELEHEALTH ACCESS. (a) Definitions.--Subsection (a) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5), the following: ``(6) Remote patient monitoring technology.--The term `remote patient monitoring technology' means digital technologies used to collect medical and other forms of health data from individuals in one location and electronically transmit such data securely to health care providers in a different location for assessment, recommendations, and interventions.''. (b) Programs.--Subsection (b) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. (c) Grants.--Subsection (d) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended by adding at the end the following new paragraph: ``(3) Virtual health network pilot program grants.--The Director shall, in carrying out the virtual health pilot program referred to in subsection (b)(2), award grants to eligible entities to facilitate utilization of remote patient monitoring technology in rural areas to-- ``(A) maintain or expand access to, and coordinate health care services for, individuals with chronic conditions; ``(B) improve and expand the training of health care providers using remote patient monitoring technology; and ``(C) minimize challenges facing health care providers and health care facilities, including rural health clinics, community health centers, community behavioral health centers, long-term care facilities, and rural hospitals, as such providers and facilities serve their communities.''. (d) Grant Periods.--Subsection (e) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Director may award grants under this section'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--The Director may award grants under paragraphs (1) and (2) of subsection (d)''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--The Director shall-- ``(A) not later than 30 days after the date of enactment of Increasing Rural Telehealth Access Act of 2021, issue a notice of the availability of funding through grants under subsection (d)(3); and ``(B) not later than 90 days after the date of issuance of the notice required by subparagraph (A), award all grants under subsection (d)(3).''. (e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended by adding at the end the following: ``(4) Virtual health network pilot program grants.--To be eligible to receive a grant under subsection (d)(3), an entity shall-- ``(A) meet the requirements of paragraphs (1), (2), and (3) of this subsection that apply to an entity seeking a grant under subsection (d)(1); ``(B) be located in a rural area; and ``(C) demonstrate that the entity will provide services using remote patient monitoring technology that is-- ``(i) cellular enabled; ``(ii) approved, cleared, or authorized by the Food and Drug Administration; and ``(iii) operable using cellular standards, including 2G and 3G, that offer broad network coverage in rural areas without broadband access, as determined by the Secretary.''. (f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margin of each such redesignated subparagraph 2 ems to the right; (2) by striking ``To be eligible to receive a grant under subsection (d)'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--To be eligible to receive a grant under paragraph (1) or (2) of subsection (d)''; and (3) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--To be eligible to receive a grant under subsection (d)(3), an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require and include in such application-- ``(A) a description of the project that the eligible entity will carry out using the funds provided under the grant; ``(B) a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or maintain or improve access to services of, and the quality of the services received by, those populations; ``(C) information on the source and amount of non- Federal funds that the entity will provide for the project; and ``(D) evidence of intent to provide services using remote patient monitoring technology as described in subsection (f)(4)(C).''. (g) Preferences.--Subsection (h) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended by adding at the end the following new paragraph: ``(3) Virtual health network pilot program grants.--In awarding grants under subsection (d)(3), the Secretary shall give preference to any eligible entity that-- ``(A) is able to establish a virtual health program using remote patient monitoring technology within 60 days of receipt of the award; and ``(B) proposes to use Federal funds made available through such a grant to establish and furnish services using remote patient monitoring technology that provides real time, continuous coaching services.''. (h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended by adding at the end the following new paragraph: ``(3) Virtual health network pilot program grants.--The recipient of a grant under subsection (d)(3) may use funds received through such grant for salaries, equipment, and operating or other costs for-- ``(A) developing and delivering services using remote patient monitoring technology that enhance access to community-based health care services in rural areas; ``(B) developing and acquiring, through lease or purchase, computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other equipment that furthers the objectives of the virtual health pilot program; ``(C)(i) providing for transmission of medical data, and maintenance of equipment; and ``(ii) providing for compensation (including travel expenses) of specialists, and referring health care providers, who are providing virtual health services through remote patient monitoring technology if no third-party payment is available; ``(D) collecting and analyzing usage statistics and data to document the cost-effectiveness of services using remote patient monitoring technology; and ``(E) carrying out such other activities as are consistent with achieving the objectives of the virtual health pilot program, as determined by the Secretary.''. (i) Funding.--Subsection (q) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) in the subsection heading, by striking ``Authorization of Appropriations'' and inserting ``Funding''; (2) by striking ``There are authorized to be appropriated to carry out this section'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--To carry out this section with respect to grants under paragraphs (1) and (2) of subsection (d), there is authorized to be appropriated''; and (3) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--To carry out this section with respect to the virtual health pilot program under subsection (b)(2), including grants under subsection (d)(3), there is authorized to be appropriated $50,000,000, to remain available until expended.''. (j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section. <all>

Increasing Rural Telehealth Access Act of 2021

A bill to amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes.

Increasing Rural Telehealth Access Act of 2021

Sen. Kennedy, John

R

LA

This bill establishes, as part of certain grants for telehealth networks and resource centers, a pilot project to increase the use of remote patient monitoring technology in rural areas. Specifically, the Health Resources and Services Administration (HRSA) must award grants to coordinate care in rural areas for individuals with chronic conditions and conduct other activities using remote patient monitoring technology. To be eligible for a grant, entities must meet requirements for participating in telehealth networks and must use appropriate technologies. In awarding these grants, HRSA shall give priority to entities that are capable of establishing programs quickly and that use technologies that provide continuous, real-time coaching services.

2. INCREASING RURAL TELEHEALTH ACCESS. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. (c) Grants.--Subsection (d) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margin of each such redesignated subparagraph 2 ems to the right; (2) by striking ``To be eligible to receive a grant under subsection (d)'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--To be eligible to receive a grant under paragraph (1) or (2) of subsection (d)''; and (3) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--To be eligible to receive a grant under subsection (d)(3), an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require and include in such application-- ``(A) a description of the project that the eligible entity will carry out using the funds provided under the grant; ``(B) a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or maintain or improve access to services of, and the quality of the services received by, those populations; ``(C) information on the source and amount of non- Federal funds that the entity will provide for the project; and ``(D) evidence of intent to provide services using remote patient monitoring technology as described in subsection (f)(4)(C).''.

2. INCREASING RURAL TELEHEALTH ACCESS. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. (c) Grants.--Subsection (d) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margin of each such redesignated subparagraph 2 ems to the right; (2) by striking ``To be eligible to receive a grant under subsection (d)'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--To be eligible to receive a grant under paragraph (1) or (2) of subsection (d)''; and (3) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--To be eligible to receive a grant under subsection (d)(3), an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require and include in such application-- ``(A) a description of the project that the eligible entity will carry out using the funds provided under the grant; ``(B) a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or maintain or improve access to services of, and the quality of the services received by, those populations; ``(C) information on the source and amount of non- Federal funds that the entity will provide for the project; and ``(D) evidence of intent to provide services using remote patient monitoring technology as described in subsection (f)(4)(C).''.

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. INCREASING RURAL TELEHEALTH ACCESS. 254c-14) is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5), the following: ``(6) Remote patient monitoring technology.--The term `remote patient monitoring technology' means digital technologies used to collect medical and other forms of health data from individuals in one location and electronically transmit such data securely to health care providers in a different location for assessment, recommendations, and interventions.''. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. (c) Grants.--Subsection (d) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Director may award grants under this section'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--The Director may award grants under paragraphs (1) and (2) of subsection (d)''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--The Director shall-- ``(A) not later than 30 days after the date of enactment of Increasing Rural Telehealth Access Act of 2021, issue a notice of the availability of funding through grants under subsection (d)(3); and ``(B) not later than 90 days after the date of issuance of the notice required by subparagraph (A), award all grants under subsection (d)(3).''. 254c-14) is amended-- (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margin of each such redesignated subparagraph 2 ems to the right; (2) by striking ``To be eligible to receive a grant under subsection (d)'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--To be eligible to receive a grant under paragraph (1) or (2) of subsection (d)''; and (3) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--To be eligible to receive a grant under subsection (d)(3), an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require and include in such application-- ``(A) a description of the project that the eligible entity will carry out using the funds provided under the grant; ``(B) a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or maintain or improve access to services of, and the quality of the services received by, those populations; ``(C) information on the source and amount of non- Federal funds that the entity will provide for the project; and ``(D) evidence of intent to provide services using remote patient monitoring technology as described in subsection (f)(4)(C).''. 254c-14) is amended by adding at the end the following new paragraph: ``(3) Virtual health network pilot program grants.--The recipient of a grant under subsection (d)(3) may use funds received through such grant for salaries, equipment, and operating or other costs for-- ``(A) developing and delivering services using remote patient monitoring technology that enhance access to community-based health care services in rural areas; ``(B) developing and acquiring, through lease or purchase, computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other equipment that furthers the objectives of the virtual health pilot program; ``(C)(i) providing for transmission of medical data, and maintenance of equipment; and ``(ii) providing for compensation (including travel expenses) of specialists, and referring health care providers, who are providing virtual health services through remote patient monitoring technology if no third-party payment is available; ``(D) collecting and analyzing usage statistics and data to document the cost-effectiveness of services using remote patient monitoring technology; and ``(E) carrying out such other activities as are consistent with achieving the objectives of the virtual health pilot program, 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. SHORT TITLE. SEC. 2. INCREASING RURAL TELEHEALTH ACCESS. 254c-14) is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5), the following: ``(6) Remote patient monitoring technology.--The term `remote patient monitoring technology' means digital technologies used to collect medical and other forms of health data from individuals in one location and electronically transmit such data securely to health care providers in a different location for assessment, recommendations, and interventions.''. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. (c) Grants.--Subsection (d) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Director may award grants under this section'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--The Director may award grants under paragraphs (1) and (2) of subsection (d)''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--The Director shall-- ``(A) not later than 30 days after the date of enactment of Increasing Rural Telehealth Access Act of 2021, issue a notice of the availability of funding through grants under subsection (d)(3); and ``(B) not later than 90 days after the date of issuance of the notice required by subparagraph (A), award all grants under subsection (d)(3).''. 254c-14) is amended-- (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margin of each such redesignated subparagraph 2 ems to the right; (2) by striking ``To be eligible to receive a grant under subsection (d)'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--To be eligible to receive a grant under paragraph (1) or (2) of subsection (d)''; and (3) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--To be eligible to receive a grant under subsection (d)(3), an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require and include in such application-- ``(A) a description of the project that the eligible entity will carry out using the funds provided under the grant; ``(B) a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or maintain or improve access to services of, and the quality of the services received by, those populations; ``(C) information on the source and amount of non- Federal funds that the entity will provide for the project; and ``(D) evidence of intent to provide services using remote patient monitoring technology as described in subsection (f)(4)(C).''. 254c-14) is amended by adding at the end the following new paragraph: ``(3) Virtual health network pilot program grants.--The recipient of a grant under subsection (d)(3) may use funds received through such grant for salaries, equipment, and operating or other costs for-- ``(A) developing and delivering services using remote patient monitoring technology that enhance access to community-based health care services in rural areas; ``(B) developing and acquiring, through lease or purchase, computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other equipment that furthers the objectives of the virtual health pilot program; ``(C)(i) providing for transmission of medical data, and maintenance of equipment; and ``(ii) providing for compensation (including travel expenses) of specialists, and referring health care providers, who are providing virtual health services through remote patient monitoring technology if no third-party payment is available; ``(D) collecting and analyzing usage statistics and data to document the cost-effectiveness of services using remote patient monitoring technology; and ``(E) carrying out such other activities as are consistent with achieving the objectives of the virtual health pilot program, as determined by the Secretary.''. 254c-14) is amended-- (1) in the subsection heading, by striking ``Authorization of Appropriations'' and inserting ``Funding''; (2) by striking ``There are authorized to be appropriated to carry out this section'' and inserting the following: ``(1) Telehealth network and telehealth research center grants.--To carry out this section with respect to grants under paragraphs (1) and (2) of subsection (d), there is authorized to be appropriated''; and (3) by adding at the end the following new paragraph: ``(2) Virtual health network pilot program grants.--To carry out this section with respect to the virtual health pilot program under subsection (b)(2), including grants under subsection (d)(3), there is authorized to be appropriated $50,000,000, to remain available until expended.''. (j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. This Act may be cited as the ``Increasing Rural Telehealth Access Act of 2021''. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( d) Grant Periods.--Subsection (e) of section 330I of the Public Health Service Act (42 U.S.C. e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. i) Funding.--Subsection (q) of section 330I of the Public Health Service Act (42 U.S.C. j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. b) Programs.--Subsection (b) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. (j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. b) Programs.--Subsection (b) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. (j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. This Act may be cited as the ``Increasing Rural Telehealth Access Act of 2021''. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( d) Grant Periods.--Subsection (e) of section 330I of the Public Health Service Act (42 U.S.C. e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. i) Funding.--Subsection (q) of section 330I of the Public Health Service Act (42 U.S.C. j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. b) Programs.--Subsection (b) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. (j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. This Act may be cited as the ``Increasing Rural Telehealth Access Act of 2021''. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( d) Grant Periods.--Subsection (e) of section 330I of the Public Health Service Act (42 U.S.C. e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. i) Funding.--Subsection (q) of section 330I of the Public Health Service Act (42 U.S.C. j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. b) Programs.--Subsection (b) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. (j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. This Act may be cited as the ``Increasing Rural Telehealth Access Act of 2021''. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( d) Grant Periods.--Subsection (e) of section 330I of the Public Health Service Act (42 U.S.C. e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. i) Funding.--Subsection (q) of section 330I of the Public Health Service Act (42 U.S.C. j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. b) Programs.--Subsection (b) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. (j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes. This Act may be cited as the ``Increasing Rural Telehealth Access Act of 2021''. 254c-14) is amended-- (1) by striking ``The Secretary shall establish, under section 301'' and inserting the following: ``(1) In general.--The Secretary shall establish, under section 301''; and (2) by adding at the end the following new paragraph: ``(2) Virtual health pilot program.--The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas.''. ( d) Grant Periods.--Subsection (e) of section 330I of the Public Health Service Act (42 U.S.C. e) Eligible Entities.--Subsection (f) of section 330I of the Public Health Service Act (42 U.S.C. f) Applications.--Subsection (g) of section 330I of the Public Health Service Act (42 U.S.C. h) Use of Funds.--Subsection (j) of section 330I of the Public Health Service Act (42 U.S.C. i) Funding.--Subsection (q) of section 330I of the Public Health Service Act (42 U.S.C. j) Report.--Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.

Increasing Rural Telehealth Access Act of 2021 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas. HHS must award grants to rural health clinics, community health centers, community behavioral health Amends the Public Health Service Act to require the Secretary of Health and Human Services to give preference to any eligible entity that: (1) is able to establish a virtual health program using remote patient monitoring technology within 60 days of receipt of an award; and (2) proposes to use Federal funds made available through such a grant to establish and furnish services using such technology. (Currently

H.R.166

Finance and Financial Sector

Fair Lending for All Act This bill modifies provisions related to prohibited credit discrimination. The bill adds sexual orientation, gender identity, and an applicant's location based on zip code or census tract as classes protected against discrimination with respect to credit transactions. (Currently, discrimination is prohibited on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives public assistance.) The bill establishes criminal penalties for violations of prohibited credit discrimination. The Consumer Financial Protection Bureau is required to review loan applications for compliance with specified consumer laws and to establish an Office of Fair Lending Testing.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Lending for All Act''. SEC. 2. OFFICE OF FAIR LENDING TESTING. (a) Establishment.--There is established within the Bureau of Consumer Financial Protection an Office of Fair Lending Testing (hereinafter referred to as the ``Office''). (b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. (c) Civil Service Position.--The position of the Director shall be a career position within the civil service. (d) Testing.-- (1) In general.--The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information. (2) Referral of violations.--If, in carrying out the testing described under paragraph (1), the Office believes a person has violated the Equal Credit Opportunity Act, the Office shall refer such violation in writing to the Attorney General for appropriate action. (e) Report to Congress.--Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: ``In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.''. SEC. 3. PROHIBITION ON CREDIT DISCRIMINATION. (a) In General.--Subsection (a) of section 701 of the Equal Credit Opportunity Act (15 U.S.C. 1691) is amended to read as follows: ``(a) It shall be unlawful to discriminate against any person, with respect to any aspect of a credit transaction-- ``(1) on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age (provided the applicant has the capacity to contract); ``(2) on the basis of the person's zip code, or census tract; ``(3) because all or part of the person's income derives from any public assistance program; or ``(4) because the person has in good faith exercised any right under the Consumer Credit Protection Act.''. (b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended-- (1) in section 701(b)-- (A) by striking ``applicant'' each place such term appears and inserting ``person''; and (B) in paragraph (2), by striking ``applicant's'' each place such term appears and inserting ``person's''; (2) in section 702-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: ``(g) The term `aggrieved person' includes any person who-- ``(1) claims to have been injured by a discriminatory credit practice; or ``(2) believes that such person will be injured by a discriminatory credit practice.''; (3) in section 704A-- (A) in subsection (b)(1), by striking ``applicant'' each place such term appears and inserting ``aggrieved person''; and (B) in subsection (c), by striking ``applicant'' and inserting ``aggrieved person''; (4) in section 705-- (A) by striking ``the applicant'' each place such term appears and inserting ``persons''; and (B) in subsection (a)-- (i) by striking ``a creditor to take'' and inserting ``taking''; and (ii) by striking ``applicant'' and inserting ``person''; and (5) in section 706-- (A) by striking ``creditor'' each place such term appears and inserting ``person''; (B) by striking ``creditor's'' each place such term appears and inserting ``person's''; (C) by striking ``creditors'' each place such term appears and inserting ``persons''; and (D) in subsection (f), by striking ``applicant'' and inserting ``aggrieved person''. SEC. 4. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after section 706 the following: ``Sec. 706A. Criminal penalties ``(a) Individual Violations.--Any person who knowingly and willfully violates this title shall be fined not more than $50,000, or imprisoned not more than 1 year, or both. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. ``(2) Personal liability of executive officers and directors of the board.--Any executive officer or director of the board of an entity who knowingly and willfully causes the entity to engage in a pattern or practice of knowingly and willfully violating this title (or who directs another agent, senior officer, or director of the entity to commit such a violation or engage in such acts that result in the director or officer being personally unjustly enriched) shall be-- ``(A) fined in an amount not to exceed 100 percent of the compensation (including stock options awarded as compensation) received by such officer or director from the entity-- ``(i) during the time period in which the violations occurred; or ``(ii) in the one to three year time period preceding the date on which the violations were discovered; and ``(B) imprisoned for not more than 5 years.''. (b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after the item relating to section 706 the following: ``706A. Criminal penalties.''. SEC. 5. REVIEW OF LOAN APPLICATIONS. (a) In General.--Subtitle C of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5531 et seq.) is amended by adding at the end the following: ``SEC. 1038. REVIEW OF LOAN APPLICATIONS. ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. (b) Clerical Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1037 the following: ``Sec. 1038. Review of loan applications.''. SEC. 6. MORTGAGE DATA COLLECTION. (a) In General.--Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking ``census tract, income level, racial characteristics, age, and gender'' and inserting ``the applicant or borrower's zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, and age''. (b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. Union Calendar No. 263 117th CONGRESS 2d Session H. R. 166 [Report No. 117-349] _______________________________________________________________________

Fair Lending for All Act

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes.

Fair Lending for All Act Fair Lending for All Act

Rep. Green, Al

D

TX

This bill modifies provisions related to prohibited credit discrimination. The bill adds sexual orientation, gender identity, and an applicant's location based on zip code or census tract as classes protected against discrimination with respect to credit transactions. (Currently, discrimination is prohibited on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives public assistance.) The bill establishes criminal penalties for violations of prohibited credit discrimination. The Consumer Financial Protection Bureau is required to review loan applications for compliance with specified consumer laws and to establish an Office of Fair Lending Testing.

SHORT TITLE. 2. OFFICE OF FAIR LENDING TESTING. (b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. (c) Civil Service Position.--The position of the Director shall be a career position within the civil service. PROHIBITION ON CREDIT DISCRIMINATION. ''; (3) in section 704A-- (A) in subsection (b)(1), by striking ``applicant'' each place such term appears and inserting ``aggrieved person''; and (B) in subsection (c), by striking ``applicant'' and inserting ``aggrieved person''; (4) in section 705-- (A) by striking ``the applicant'' each place such term appears and inserting ``persons''; and (B) in subsection (a)-- (i) by striking ``a creditor to take'' and inserting ``taking''; and (ii) by striking ``applicant'' and inserting ``person''; and (5) in section 706-- (A) by striking ``creditor'' each place such term appears and inserting ``person''; (B) by striking ``creditor's'' each place such term appears and inserting ``person's''; (C) by striking ``creditors'' each place such term appears and inserting ``persons''; and (D) in subsection (f), by striking ``applicant'' and inserting ``aggrieved person''. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 706A. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. 1691 et seq.) Criminal penalties.''. is amended by adding at the end the following: ``SEC. 1038. REVIEW OF LOAN APPLICATIONS. SEC. MORTGAGE DATA COLLECTION. 2803(b)(4)) is amended by striking ``census tract, income level, racial characteristics, age, and gender'' and inserting ``the applicant or borrower's zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, and age''. 263 117th CONGRESS 2d Session H. R. 166 [Report No.

SHORT TITLE. 2. OFFICE OF FAIR LENDING TESTING. (b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. (c) Civil Service Position.--The position of the Director shall be a career position within the civil service. PROHIBITION ON CREDIT DISCRIMINATION. ''; (3) in section 704A-- (A) in subsection (b)(1), by striking ``applicant'' each place such term appears and inserting ``aggrieved person''; and (B) in subsection (c), by striking ``applicant'' and inserting ``aggrieved person''; (4) in section 705-- (A) by striking ``the applicant'' each place such term appears and inserting ``persons''; and (B) in subsection (a)-- (i) by striking ``a creditor to take'' and inserting ``taking''; and (ii) by striking ``applicant'' and inserting ``person''; and (5) in section 706-- (A) by striking ``creditor'' each place such term appears and inserting ``person''; (B) by striking ``creditor's'' each place such term appears and inserting ``person's''; (C) by striking ``creditors'' each place such term appears and inserting ``persons''; and (D) in subsection (f), by striking ``applicant'' and inserting ``aggrieved person''. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 706A. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. 1691 et seq.) Criminal penalties.''. is amended by adding at the end the following: ``SEC. 1038. REVIEW OF LOAN APPLICATIONS. SEC. MORTGAGE DATA COLLECTION. 2803(b)(4)) is amended by striking ``census tract, income level, racial characteristics, age, and gender'' and inserting ``the applicant or borrower's zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, and age''. 263 117th CONGRESS 2d Session H. R. 166 [Report No.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. OFFICE OF FAIR LENDING TESTING. (b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. (c) Civil Service Position.--The position of the Director shall be a career position within the civil service. PROHIBITION ON CREDIT DISCRIMINATION. ''; (3) in section 704A-- (A) in subsection (b)(1), by striking ``applicant'' each place such term appears and inserting ``aggrieved person''; and (B) in subsection (c), by striking ``applicant'' and inserting ``aggrieved person''; (4) in section 705-- (A) by striking ``the applicant'' each place such term appears and inserting ``persons''; and (B) in subsection (a)-- (i) by striking ``a creditor to take'' and inserting ``taking''; and (ii) by striking ``applicant'' and inserting ``person''; and (5) in section 706-- (A) by striking ``creditor'' each place such term appears and inserting ``person''; (B) by striking ``creditor's'' each place such term appears and inserting ``person's''; (C) by striking ``creditors'' each place such term appears and inserting ``persons''; and (D) in subsection (f), by striking ``applicant'' and inserting ``aggrieved person''. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 706A. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. ``(2) Personal liability of executive officers and directors of the board.--Any executive officer or director of the board of an entity who knowingly and willfully causes the entity to engage in a pattern or practice of knowingly and willfully violating this title (or who directs another agent, senior officer, or director of the entity to commit such a violation or engage in such acts that result in the director or officer being personally unjustly enriched) shall be-- ``(A) fined in an amount not to exceed 100 percent of the compensation (including stock options awarded as compensation) received by such officer or director from the entity-- ``(i) during the time period in which the violations occurred; or ``(ii) in the one to three year time period preceding the date on which the violations were discovered; and ``(B) imprisoned for not more than 5 years.''. 1691 et seq.) Criminal penalties.''. is amended by adding at the end the following: ``SEC. 1038. REVIEW OF LOAN APPLICATIONS. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. (b) Clerical Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1037 the following: ``Sec. SEC. 6. MORTGAGE DATA COLLECTION. (a) In General.--Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking ``census tract, income level, racial characteristics, age, and gender'' and inserting ``the applicant or borrower's zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, and age''. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Union Calendar No. 263 117th CONGRESS 2d Session H. R. 166 [Report No. 117-349] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. OFFICE OF FAIR LENDING TESTING. (b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. (c) Civil Service Position.--The position of the Director shall be a career position within the civil service. (d) Testing.-- (1) In general.--The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information. PROHIBITION ON CREDIT DISCRIMINATION. 1691) is amended to read as follows: ``(a) It shall be unlawful to discriminate against any person, with respect to any aspect of a credit transaction-- ``(1) on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age (provided the applicant has the capacity to contract); ``(2) on the basis of the person's zip code, or census tract; ``(3) because all or part of the person's income derives from any public assistance program; or ``(4) because the person has in good faith exercised any right under the Consumer Credit Protection Act.''. ''; (3) in section 704A-- (A) in subsection (b)(1), by striking ``applicant'' each place such term appears and inserting ``aggrieved person''; and (B) in subsection (c), by striking ``applicant'' and inserting ``aggrieved person''; (4) in section 705-- (A) by striking ``the applicant'' each place such term appears and inserting ``persons''; and (B) in subsection (a)-- (i) by striking ``a creditor to take'' and inserting ``taking''; and (ii) by striking ``applicant'' and inserting ``person''; and (5) in section 706-- (A) by striking ``creditor'' each place such term appears and inserting ``person''; (B) by striking ``creditor's'' each place such term appears and inserting ``person's''; (C) by striking ``creditors'' each place such term appears and inserting ``persons''; and (D) in subsection (f), by striking ``applicant'' and inserting ``aggrieved person''. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 706A. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. ``(2) Personal liability of executive officers and directors of the board.--Any executive officer or director of the board of an entity who knowingly and willfully causes the entity to engage in a pattern or practice of knowingly and willfully violating this title (or who directs another agent, senior officer, or director of the entity to commit such a violation or engage in such acts that result in the director or officer being personally unjustly enriched) shall be-- ``(A) fined in an amount not to exceed 100 percent of the compensation (including stock options awarded as compensation) received by such officer or director from the entity-- ``(i) during the time period in which the violations occurred; or ``(ii) in the one to three year time period preceding the date on which the violations were discovered; and ``(B) imprisoned for not more than 5 years.''. 1691 et seq.) Criminal penalties.''. is amended by adding at the end the following: ``SEC. 1038. REVIEW OF LOAN APPLICATIONS. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. (b) Clerical Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1037 the following: ``Sec. SEC. 6. MORTGAGE DATA COLLECTION. (a) In General.--Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking ``census tract, income level, racial characteristics, age, and gender'' and inserting ``the applicant or borrower's zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, and age''. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. Union Calendar No. 263 117th CONGRESS 2d Session H. R. 166 [Report No. 117-349] _______________________________________________________________________

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. c) Civil Service Position.--The position of the Director shall be a career position within the civil service. (d) Testing.-- (1) In general.--The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information. ( e) Report to Congress.--Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: ``In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.''. b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended-- (1) in section 701(b)-- (A) by striking ``applicant'' each place such term appears and inserting ``person''; and (B) in paragraph (2), by striking ``applicant's'' each place such term appears and inserting ``person's''; (2) in section 702-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: ``(g) The term `aggrieved person' includes any person who-- ``(1) claims to have been injured by a discriminatory credit practice; or ``(2) believes that such person will be injured by a discriminatory credit practice. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. ( ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after the item relating to section 706 the following: ``706A. Criminal penalties.''. ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. ( 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. ( PROHIBITION ON CREDIT DISCRIMINATION. ( b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. ( is amended by inserting after section 706 the following: ``Sec. b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. 263 117th CONGRESS 2d Session H. R. 166 [Report No.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. ( PROHIBITION ON CREDIT DISCRIMINATION. ( b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. ( is amended by inserting after section 706 the following: ``Sec. b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. 263 117th CONGRESS 2d Session H. R. 166 [Report No.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. c) Civil Service Position.--The position of the Director shall be a career position within the civil service. (d) Testing.-- (1) In general.--The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information. ( e) Report to Congress.--Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: ``In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.''. b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended-- (1) in section 701(b)-- (A) by striking ``applicant'' each place such term appears and inserting ``person''; and (B) in paragraph (2), by striking ``applicant's'' each place such term appears and inserting ``person's''; (2) in section 702-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: ``(g) The term `aggrieved person' includes any person who-- ``(1) claims to have been injured by a discriminatory credit practice; or ``(2) believes that such person will be injured by a discriminatory credit practice. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. ( ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after the item relating to section 706 the following: ``706A. Criminal penalties.''. ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. ( 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. ( PROHIBITION ON CREDIT DISCRIMINATION. ( b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. ( is amended by inserting after section 706 the following: ``Sec. b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. 263 117th CONGRESS 2d Session H. R. 166 [Report No.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. c) Civil Service Position.--The position of the Director shall be a career position within the civil service. (d) Testing.-- (1) In general.--The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information. ( e) Report to Congress.--Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: ``In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.''. b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended-- (1) in section 701(b)-- (A) by striking ``applicant'' each place such term appears and inserting ``person''; and (B) in paragraph (2), by striking ``applicant's'' each place such term appears and inserting ``person's''; (2) in section 702-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: ``(g) The term `aggrieved person' includes any person who-- ``(1) claims to have been injured by a discriminatory credit practice; or ``(2) believes that such person will be injured by a discriminatory credit practice. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. ( ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after the item relating to section 706 the following: ``706A. Criminal penalties.''. ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. ( 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. ( PROHIBITION ON CREDIT DISCRIMINATION. ( b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. ( is amended by inserting after section 706 the following: ``Sec. b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. 263 117th CONGRESS 2d Session H. R. 166 [Report No.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. e) Report to Congress.--Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: ``In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.''. is amended-- (1) in section 701(b)-- (A) by striking ``applicant'' each place such term appears and inserting ``person''; and (B) in paragraph (2), by striking ``applicant's'' each place such term appears and inserting ``person's''; (2) in section 702-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: ``(g) The term `aggrieved person' includes any person who-- ``(1) claims to have been injured by a discriminatory credit practice; or ``(2) believes that such person will be injured by a discriminatory credit practice. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. ( 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. 263 117th CONGRESS 2d Session H. R. 166 [Report No.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. e) Report to Congress.--Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: ``In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.''. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. (

Fair Lending for All Act - Amends the Equal Credit Opportunity Act to establish within the Bureau of Consumer Financial Protection (CFP) an Office of Fair Lending Testing to test for compliance with the Act, to strengthen the Act and to provide for criminal penalties for violating such Act, and for other purposes. (Sec. 2) Amends CFP law to prohibit discrimination against any Amends the Consumer Financial Protection Act of 2010 (CFPA) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) to: (1) require the Consumer Product Safety Commission (CPSC) to conduct reviews of loan applications and the process of taking loan applications being used by covered persons to ensure that such applications and processes do not violate the

S.1342

Armed Forces and National Security

National Green Alert Act of 2021 This bill establishes the Green Alert System Advisory and Support Committee to develop best practices and provide technical assistance to states for the implementation of green alert systems, which would be activated when a veteran with a history of mental health issues goes missing.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. Be it enacted by the Senate 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 Green Alert Act of 2021''. SEC. 2. ESTABLISHMENT OF INTERAGENCY COMMITTEE ON DEVELOPMENT OF GREEN ALERT SYSTEMS. (a) Establishment.--There is established the Green Alert System Advisory and Support Committee (referred to in this Act as the ``Committee''). (b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 60 days after the date on which all members of the Committee have been appointed, the Committee shall hold the first meeting of the Committee. (e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. (2) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. (g) Definitions.--In this section: (1) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (2) Veterans service organization.--The term ``veterans service organization'' means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 3. DUTIES OF COMMITTEE. (a) In General.--The Committee shall develop best practices and provide technical assistance to States to establish State systems, to be known as ``green alert'' systems, that would be activated when a veteran with a history of mental health issues, including neurocognitive disorders, suicide attempts or impulses, or substance use disorder goes missing. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (c) Compliance With Privacy Laws.--The Committee shall ensure that the State systems described in subsection (a) comply with applicable Federal and State privacy laws. (d) Report.--Not later than two years after the date of the enactment of this Act, the Committee shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislative and administrative action as the Committee considers appropriate. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). (2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. SEC. 4. POWERS OF COMMITTEE. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (2) Furnishing information.--On request of the Chairperson of the Committee, the head of the Federal agency shall furnish the information to the Committee. (c) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as other Federal agencies. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMITTEE PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. (c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 6. TERMINATION OF COMMITTEE. The Committee shall terminate 180 days after the date on which the Committee submits the report required under section 3(d). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000. (b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. <all>

National Green Alert Act of 2021

A bill to establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes.

National Green Alert Act of 2021

Sen. Hassan, Margaret Wood

D

NH

This bill establishes the Green Alert System Advisory and Support Committee to develop best practices and provide technical assistance to states for the implementation of green alert systems, which would be activated when a veteran with a history of mental health issues goes missing.

SHORT TITLE. This Act may be cited as the ``National Green Alert Act of 2021''. 20501 et seq. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. 3. DUTIES OF COMMITTEE. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. SEC. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. This Act may be cited as the ``National Green Alert Act of 2021''. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. 3. DUTIES OF COMMITTEE. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. SEC.

SHORT TITLE. This Act may be cited as the ``National Green Alert Act of 2021''. 20501 et seq. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. 3. DUTIES OF COMMITTEE. (a) In General.--The Committee shall develop best practices and provide technical assistance to States to establish State systems, to be known as ``green alert'' systems, that would be activated when a veteran with a history of mental health issues, including neurocognitive disorders, suicide attempts or impulses, or substance use disorder goes missing. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (c) Compliance With Privacy Laws.--The Committee shall ensure that the State systems described in subsection (a) comply with applicable Federal and State privacy laws. (d) Report.--Not later than two years after the date of the enactment of this Act, the Committee shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislative and administrative action as the Committee considers appropriate. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). 4. POWERS OF COMMITTEE. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 6. SEC. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000.

Be it enacted by the Senate 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 Green Alert Act of 2021''. ESTABLISHMENT OF INTERAGENCY COMMITTEE ON DEVELOPMENT OF GREEN ALERT SYSTEMS. 20501 et seq. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. (2) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. (g) Definitions.--In this section: (1) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. 3. DUTIES OF COMMITTEE. (a) In General.--The Committee shall develop best practices and provide technical assistance to States to establish State systems, to be known as ``green alert'' systems, that would be activated when a veteran with a history of mental health issues, including neurocognitive disorders, suicide attempts or impulses, or substance use disorder goes missing. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (c) Compliance With Privacy Laws.--The Committee shall ensure that the State systems described in subsection (a) comply with applicable Federal and State privacy laws. (d) Report.--Not later than two years after the date of the enactment of this Act, the Committee shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislative and administrative action as the Committee considers appropriate. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). 4. POWERS OF COMMITTEE. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. 6. SEC. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. 2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. ( c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( DUTIES OF COMMITTEE. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. ( 2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). ( 2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. ( e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. ( (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). ( 2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. ( e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. ( (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. 2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. ( c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( DUTIES OF COMMITTEE. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. ( 2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). ( 2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. ( e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. ( (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. 2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. ( c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( DUTIES OF COMMITTEE. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. ( 2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( ( ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( ( b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( ( ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( ( b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

National Green Alert Act of 2021 - Establishes the Green Alert System Advisory and Support Committee to develop best practices and provide technical assistance to states to develop green alert systems that would be activated when a veteran goes missing, and for other purposes. Directs the President to appoint additional members of the Committee from among individuals at the state, local, and tribal level who are experts in alert systems Authorizes appropriations. (Sec. 5) Authorizes the Chairperson of the Senate Committee on Governmental Affairs to appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. (SEC. 6) Terminates the Committee 180 days after the Committee submits a report to the Senate on the Committee's activities. (Sets

H.R.1648

Finance and Financial Sector

National Women's Hall of Fame Commemorative Coin Act of 2021 This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, half-dollar clad coins, and proof silver $1 coins in recognition and celebration of the National Women's Hall of Fame in Seneca Falls, New York. All minted coins shall include a specified surcharge, which shall be paid to the National Women's Hall of Fame Foundation to establish an endowment fund to provide for the long-term financing of the hall's operations.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. Be it enacted by the Senate 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 Women's Hall of Fame Commemorative Coin Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1969, the National Women's Hall of Fame was established in Seneca Falls, New York, the location of the first Women's Rights Convention in 1848. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. (3) The involvement of women in the Nation's history is inadequately chronicled, commemorated, and celebrated as reflected in the following: (A) Fewer than 5 percent of the 2,596 national historic landmarks chronicle women's achievements. (B) Only nine of the 112 statues in the Capitol's Statuary Hall are of women. (C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. (D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. (E) Six of the 89 National Historic Sites commemorate women. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. (5) The National Women's Hall of Fame plans to design an educational program utilizing video conference technology with students and teachers participating in interactive lessons led by educators from the National Women's Hall of Fame. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. SEC. 4. DESIGNS OF COINS. (a) Designs Requirements.-- (1) In general.--The designs of the coins minted under this section shall be emblematic of the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The designs of the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the National Women's Hall of Fame; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. <all>

National Women’s Hall of Fame Commemorative Coin Act of 2021

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame.

National Women’s Hall of Fame Commemorative Coin Act of 2021

Rep. Morelle, Joseph D.

D

NY

This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, half-dollar clad coins, and proof silver $1 coins in recognition and celebration of the National Women's Hall of Fame in Seneca Falls, New York. All minted coins shall include a specified surcharge, which shall be paid to the National Women's Hall of Fame Foundation to establish an endowment fund to provide for the long-term financing of the hall's operations.

This Act may be cited as the ``National Women's Hall of Fame Commemorative Coin Act of 2021''. 2. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. 4. DESIGNS OF COINS. 5. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. SALE OF COINS. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (3) A surcharge of $5 per coin for the half-dollar coin. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8.

This Act may be cited as the ``National Women's Hall of Fame Commemorative Coin Act of 2021''. 2. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. 4. DESIGNS OF COINS. 5. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. SALE OF COINS. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (3) A surcharge of $5 per coin for the half-dollar coin. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. This Act may be cited as the ``National Women's Hall of Fame Commemorative Coin Act of 2021''. 2. FINDINGS. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (3) The involvement of women in the Nation's history is inadequately chronicled, commemorated, and celebrated as reflected in the following: (A) Fewer than 5 percent of the 2,596 national historic landmarks chronicle women's achievements. (B) Only nine of the 112 statues in the Capitol's Statuary Hall are of women. (C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. (D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. COIN SPECIFICATIONS. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. 4. DESIGNS OF COINS. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. 5. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. SALE OF COINS. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (3) A surcharge of $5 per coin for the half-dollar coin. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. Be it enacted by the Senate 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 Women's Hall of Fame Commemorative Coin Act of 2021''. 2. FINDINGS. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. (3) The involvement of women in the Nation's history is inadequately chronicled, commemorated, and celebrated as reflected in the following: (A) Fewer than 5 percent of the 2,596 national historic landmarks chronicle women's achievements. (B) Only nine of the 112 statues in the Capitol's Statuary Hall are of women. (C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. (D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. (E) Six of the 89 National Historic Sites commemorate women. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. (5) The National Women's Hall of Fame plans to design an educational program utilizing video conference technology with students and teachers participating in interactive lessons led by educators from the National Women's Hall of Fame. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. COIN SPECIFICATIONS. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. 4. DESIGNS OF COINS. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. 5. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. SALE OF COINS. (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). (c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). ( b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). ( b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). ( b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). ( b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only three of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( ( ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

National Women's Hall of Fame Commemorative Coin Act of 2021 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver clad coins in recognition and celebration of the National Women's Fame. (Currently, coins are only minted in commemoration of the Women's Rights Convention in 1848.) Requires all surcharges received from coin sales to Directs the Secretary of the Treasury to: (1) sell coins authorized under this Act at a price equal to the sum of the face value of the coins and the surcharge provided in this Act; and (2) develop and execute a marketing, promotion, and educational program to promote the collecting of such coins. (Sec. 7) Requires surcharges received from coin sales to

S.867

Finance and Financial Sector

National Women's Hall of Fame Commemorative Coin Act of 2021 This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, half-dollar clad coins, and proof silver $1 coins in recognition and celebration of the National Women's Hall of Fame in Seneca Falls, New York. All minted coins shall include a specified surcharge, which shall be paid to the National Women's Hall of Fame Foundation to establish an endowment fund to provide for the long-term financing of the hall's operations.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. Be it enacted by the Senate 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 Women's Hall of Fame Commemorative Coin Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1969, the National Women's Hall of Fame was established in Seneca Falls, New York, the location of the first Women's Rights Convention in 1848. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. (3) The involvement of women in the Nation's history is inadequately chronicled, commemorated, and celebrated as reflected in the following: (A) Fewer than 5 percent of the 2,596 national historic landmarks chronicle women's achievements. (B) Only 9 of the 112 statues in the Capitol's Statuary Hall are of women. (C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. (D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. (E) 6 of the 89 National Historic Sites commemorate women. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. (5) The National Women's Hall of Fame plans to design an educational program utilizing video conference technology with students and teachers participating in interactive lessons led by educators from the National Women's Hall of Fame. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. SEC. 4. DESIGNS OF COINS. (a) Designs Requirements.-- (1) In general.--The designs of the coins minted under this section shall be emblematic of the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The designs of the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the National Women's Hall of Fame; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. <all>

National Women’s Hall of Fame Commemorative Coin Act of 2021

A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame.

National Women’s Hall of Fame Commemorative Coin Act of 2021

Sen. Gillibrand, Kirsten E.

D

NY

This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, half-dollar clad coins, and proof silver $1 coins in recognition and celebration of the National Women's Hall of Fame in Seneca Falls, New York. All minted coins shall include a specified surcharge, which shall be paid to the National Women's Hall of Fame Foundation to establish an endowment fund to provide for the long-term financing of the hall's operations.

This Act may be cited as the ``National Women's Hall of Fame Commemorative Coin Act of 2021''. 2. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. 4. DESIGNS OF COINS. 5. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. SALE OF COINS. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (3) A surcharge of $5 per coin for the half-dollar coin. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8.

This Act may be cited as the ``National Women's Hall of Fame Commemorative Coin Act of 2021''. 2. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. 4. DESIGNS OF COINS. 5. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. SALE OF COINS. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (3) A surcharge of $5 per coin for the half-dollar coin. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. This Act may be cited as the ``National Women's Hall of Fame Commemorative Coin Act of 2021''. 2. FINDINGS. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (3) The involvement of women in the Nation's history is inadequately chronicled, commemorated, and celebrated as reflected in the following: (A) Fewer than 5 percent of the 2,596 national historic landmarks chronicle women's achievements. (B) Only 9 of the 112 statues in the Capitol's Statuary Hall are of women. (D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. COIN SPECIFICATIONS. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. 4. DESIGNS OF COINS. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. 5. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. SALE OF COINS. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (3) A surcharge of $5 per coin for the half-dollar coin. (c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. Be it enacted by the Senate 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 Women's Hall of Fame Commemorative Coin Act of 2021''. 2. FINDINGS. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. (3) The involvement of women in the Nation's history is inadequately chronicled, commemorated, and celebrated as reflected in the following: (A) Fewer than 5 percent of the 2,596 national historic landmarks chronicle women's achievements. (B) Only 9 of the 112 statues in the Capitol's Statuary Hall are of women. (C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. (D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women's Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. (5) The National Women's Hall of Fame plans to design an educational program utilizing video conference technology with students and teachers participating in interactive lessons led by educators from the National Women's Hall of Fame. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. COIN SPECIFICATIONS. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. 4. DESIGNS OF COINS. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The designs of the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the National Women's Hall of Fame; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. SALE OF COINS. (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. ( c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. ( c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. ( c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. 2) The National Women's Hall of Fame is the Nation's oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. ( (C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( (a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( 3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the denomination of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. ( (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. ( (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. ( c) Audits.--The National Women's Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. ( D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( The new building has over 20,000 square feet available for artifacts to ensure that women's history and women's contribution to American history will be preserved and recounted for future generations. ( a) Denominations.--In recognition and celebration of the National Women's Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. ( (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. ( (d) Marketing and Educational Campaign.--The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women's Hall of Fame. D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum's online inventories catalog. ( ( ( (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. ( 4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women's Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women's Hall of Fame's operations. (

National Women's Hall of Fame Commemorative Coin Act of 2021 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver clad coins in recognition and celebration of the National Women's Fame. (Currently, coins are only minted in commemoration of the Women's Rights Convention in 1848.) Requires all surcharges received from coin sales to Directs the Secretary of the Treasury to: (1) sell coins authorized under this Act at a price equal to the sum of the face value of the coins and the surcharge provided in this Act; and (2) develop and execute a marketing, promotion, and educational program to promote the collecting of such coins. (Sec. 7) Requires surcharges received from coin sales to

H.R.2797

Armed Forces and National Security

National Green Alert Act of 2021 This bill establishes the Green Alert System Advisory and Support Committee to develop best practices and provide technical assistance to states for the implementation of green alert systems, which would be activated when a veteran with a history of mental health issues goes missing.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. Be it enacted by the Senate 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 Green Alert Act of 2021''. SEC. 2. ESTABLISHMENT OF INTERAGENCY COMMITTEE ON DEVELOPMENT OF GREEN ALERT SYSTEMS. (a) Establishment.--There is established the Green Alert System Advisory and Support Committee (referred to in this Act as the ``Committee''). (b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 60 days after the date on which all members of the Committee have been appointed, the Committee shall hold the first meeting of the Committee. (e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. (2) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. (g) Definitions.--In this section: (1) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (2) Veterans service organization.--The term ``veterans service organization'' means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 3. DUTIES OF COMMITTEE. (a) In General.--The Committee shall develop best practices and provide technical assistance to States to establish State systems, to be known as ``green alert'' systems, that would be activated when a veteran with a history of mental health issues, including neurocognitive disorders, suicide attempts or impulses, or substance use disorder goes missing. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (c) Compliance With Privacy Laws.--The Committee shall ensure that the State systems described in subsection (a) comply with applicable Federal and State privacy laws. (d) Report.--Not later than two years after the date of the enactment of this Act, the Committee shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislative and administrative action as the Committee considers appropriate. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). (2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. SEC. 4. POWERS OF COMMITTEE. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (2) Furnishing information.--On request of the Chairperson of the Committee, the head of the Federal agency shall furnish the information to the Committee. (c) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as other Federal agencies. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMITTEE PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. (c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 6. TERMINATION OF COMMITTEE. The Committee shall terminate 180 days after the date on which the Committee submits the report required under section 3(d). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000. (b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. <all>

National Green Alert Act of 2021

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes.

National Green Alert Act of 2021

Rep. Pappas, Chris

D

NH

This bill establishes the Green Alert System Advisory and Support Committee to develop best practices and provide technical assistance to states for the implementation of green alert systems, which would be activated when a veteran with a history of mental health issues goes missing.

SHORT TITLE. This Act may be cited as the ``National Green Alert Act of 2021''. 20501 et seq. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. 3. DUTIES OF COMMITTEE. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. SEC. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. This Act may be cited as the ``National Green Alert Act of 2021''. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. 3. DUTIES OF COMMITTEE. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. SEC.

SHORT TITLE. This Act may be cited as the ``National Green Alert Act of 2021''. 20501 et seq. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. 3. DUTIES OF COMMITTEE. (a) In General.--The Committee shall develop best practices and provide technical assistance to States to establish State systems, to be known as ``green alert'' systems, that would be activated when a veteran with a history of mental health issues, including neurocognitive disorders, suicide attempts or impulses, or substance use disorder goes missing. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (c) Compliance With Privacy Laws.--The Committee shall ensure that the State systems described in subsection (a) comply with applicable Federal and State privacy laws. (d) Report.--Not later than two years after the date of the enactment of this Act, the Committee shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislative and administrative action as the Committee considers appropriate. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). 4. POWERS OF COMMITTEE. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 6. SEC. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000.

Be it enacted by the Senate 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 Green Alert Act of 2021''. ESTABLISHMENT OF INTERAGENCY COMMITTEE ON DEVELOPMENT OF GREEN ALERT SYSTEMS. 20501 et seq. ); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who-- (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O-7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. (e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. (2) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairperson and Vice Chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. (g) Definitions.--In this section: (1) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. 3. DUTIES OF COMMITTEE. (a) In General.--The Committee shall develop best practices and provide technical assistance to States to establish State systems, to be known as ``green alert'' systems, that would be activated when a veteran with a history of mental health issues, including neurocognitive disorders, suicide attempts or impulses, or substance use disorder goes missing. (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (c) Compliance With Privacy Laws.--The Committee shall ensure that the State systems described in subsection (a) comply with applicable Federal and State privacy laws. (d) Report.--Not later than two years after the date of the enactment of this Act, the Committee shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislative and administrative action as the Committee considers appropriate. (e) Definitions.--In this section: (1) State.--The term ``State'' has the meaning given that term in section 2(g). 4. POWERS OF COMMITTEE. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. 5. (2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. (2) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. 6. SEC. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $500,000.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. 2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. ( c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( DUTIES OF COMMITTEE. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. ( 2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). ( 2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. ( e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. ( (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). ( 2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. ( e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. ( (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. 2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. ( c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( DUTIES OF COMMITTEE. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. ( 2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( (2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). ( 2) Vacancies.--Any vacancy in the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. ( e) Meetings.-- (1) In general.--The Committee shall meet not less frequently than twice each year. ( (b) Missing Veteran Determination.--The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. 2) Additional members.--The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). (3) Date.--The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. ( c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( DUTIES OF COMMITTEE. ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. (a) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. ( 2) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( ( ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( ( b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. b) Membership.-- (1) In general.--The Committee shall be composed of members appointed by the President, of whom-- (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq. ); ( ( ( (a) Compensation of Members.-- (1) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes. c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Committee shall be appointed for the life of the Committee. ( ( 2) Veteran.--The term ``veteran'' means-- (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. ( b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. ( c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. ( ( b) Availability.--Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

National Green Alert Act of 2021 - Establishes the Green Alert System Advisory and Support Committee to develop best practices and provide technical assistance to states to develop green alert systems that would be activated when a veteran goes missing, and for other purposes. Directs the President to appoint additional members of the Committee from among individuals at the state, local, and tribal level who are experts in alert systems Authorizes appropriations. (Sec. 5) Authorizes the Chairperson of the Senate Committee on Governmental Affairs to appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. (SEC. 6) Terminates the Committee 180 days after the Committee submits a report to the Senate on the Committee's activities. (Sets

S.3231

Crime and Law Enforcement

Closing the Warrantless Digital Car Search Loophole Act of 2021 This bill generally prohibits investigative and law enforcement officers from accessing vehicle data (onboard and telematics data in a noncommercial vehicle, such as navigation data and data captured by onboard sensors or cameras) unless pursuant to a warrant. Vehicle data acquired in violation of this bill is inadmissible as evidence in any trial, hearing, or other legal proceeding.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing the Warrantless Digital Car Search Loophole Act of 2021''. SEC. 2. VEHICLE DATA. (a) In General.--Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 124--ACCESSING VEHICLE DATA. ``Sec. ``2730. Definitions. ``2731. Prohibition on access to vehicle data. ``2732. Prohibition on use of acquired information as evidence. ``Sec. 2730. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(2) Consent.--The term `consent'-- ``(A) means an affirmative, express, and voluntary agreement that-- ``(i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; ``(ii) specifies the type of content, access credential, or online account information the person is providing access to; ``(iii) specifies the time period of the covered vehicle data to be accessed; ``(iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; ``(v) does not involve sanctions or the threat of sanctions for withholding consent; and ``(vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and ``(B) does not include consent obtained through agreement to a generic privacy policy. ``(3) Covered vehicle data.--The term `covered vehicle data'-- ``(A) means all onboard and telematics data generated by, processed by, or stored on a noncommercial vehicle using computing, storage and communication systems installed, attached to, or carried in the vehicle, including diagnostic data, entertainment system data, navigation data, images or data captured by onboard sensors, or cameras, including images or data used to support automated features or autonomous driving, internet access, and communication to and from vehicle occupants; ``(B) includes data gathered by event data recorders; and ``(C) does not include-- ``(i) automotive software installed by the manufacturer, as defined by applicable industry standards or regulations; ``(ii) any data subject to chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804); or ``(iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(6) Noncommercial vehicle.--The term `noncommercial vehicle' has the meaning given the term `non-CMV' in section 383.5 of title 49, Code of Federal Regulations. ``(7) State.--The term `State' means any State of the United States, the District of Columbia, and any territory or possession of the United States. ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. ``Sec. 2731. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823). ``(b) Exceptions.-- ``(1) Consent.-- ``(A) In general.--An investigative or law enforcement officer may access covered vehicle data if-- ``(i) the vehicle operator provides prior consent to such access; and ``(ii) no passenger 14 years of age or older objects to the access. ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(C) Unlawful possession.--No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- ``(i) is the vehicle operator who is in unlawful possession of the vehicle; or ``(ii) is a passenger who unlawfully obtained access to the vehicle. ``(D) Oral consent.--Consent provided under this paragraph shall be in writing unless-- ``(i) the person providing the consent requests that the consent be made orally; and ``(ii) the request for consent and the consent are recorded. ``(E) Consent of vehicle operator.--If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. ``(2) Emergency.-- ``(A) In general.--An investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if-- ``(i) such officer reasonably determines that an emergency situation exists that-- ``(I) involves immediate danger of death or serious physical injury to any person; and ``(II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; ``(ii) there are grounds upon which a warrant could be granted to authorize such access; and ``(iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(3) Event data recorder for motor vehicle safety.--In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 (49 U.S.C. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. ``Sec. 2732. Prohibition on use of acquired information as evidence ``(a) In General.--If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. ``(b) Probable Cause.--No data described in section 2731(b)(3) may be used to establish probable cause.''. (b) Technical and Conforming Amendments.-- (1) Driver privacy act of 2015.--Section 24302 of the Driver Privacy Act of 2015 (49 U.S.C. 30101 note) is amended-- (A) in subsection (b), in the matter preceding paragraph (1), by striking ``Data'' and inserting ``Except as provided in subsection (c), data''; and (B) by adding at the end the following: ``(c) Investigative or Law Enforcement Officers.--An investigative or law enforcement officer may only access or retrieve data recorded or transmitted by an event data recorder described in subsection (a) in accordance with chapter 124 of title 18, United States Code.''. (2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''. <all>

Closing the Warrantless Digital Car Search Loophole Act of 2021

A bill to amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes.

Closing the Warrantless Digital Car Search Loophole Act of 2021

Sen. Wyden, Ron

D

OR

This bill generally prohibits investigative and law enforcement officers from accessing vehicle data (onboard and telematics data in a noncommercial vehicle, such as navigation data and data captured by onboard sensors or cameras) unless pursuant to a warrant. Vehicle data acquired in violation of this bill is inadmissible as evidence in any trial, hearing, or other legal proceeding.

SHORT TITLE. This Act may be cited as the ``Closing the Warrantless Digital Car Search Loophole Act of 2021''. SEC. 2. VEHICLE DATA. (a) In General.--Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 124--ACCESSING VEHICLE DATA. ``2730. Definitions. ``2731. Prohibition on access to vehicle data. ``2732. Prohibition on use of acquired information as evidence. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(7) State.--The term `State' means any State of the United States, the District of Columbia, and any territory or possession of the United States. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. ``(D) Oral consent.--Consent provided under this paragraph shall be in writing unless-- ``(i) the person providing the consent requests that the consent be made orally; and ``(ii) the request for consent and the consent are recorded. ``(E) Consent of vehicle operator.--If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. ``(b) Probable Cause.--No data described in section 2731(b)(3) may be used to establish probable cause.''. (b) Technical and Conforming Amendments.-- (1) Driver privacy act of 2015.--Section 24302 of the Driver Privacy Act of 2015 (49 U.S.C.

SHORT TITLE. SEC. 2. VEHICLE DATA. (a) In General.--Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 124--ACCESSING VEHICLE DATA. ``2730. Definitions. ``2731. Prohibition on access to vehicle data. ``2732. Prohibition on use of acquired information as evidence. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(7) State.--The term `State' means any State of the United States, the District of Columbia, and any territory or possession of the United States. ``(D) Oral consent.--Consent provided under this paragraph shall be in writing unless-- ``(i) the person providing the consent requests that the consent be made orally; and ``(ii) the request for consent and the consent are recorded. ``(E) Consent of vehicle operator.--If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. ``(b) Probable Cause.--No data described in section 2731(b)(3) may be used to establish probable cause.''. (b) Technical and Conforming Amendments.-- (1) Driver privacy act of 2015.--Section 24302 of the Driver Privacy Act of 2015 (49 U.S.C.

SHORT TITLE. This Act may be cited as the ``Closing the Warrantless Digital Car Search Loophole Act of 2021''. SEC. 2. VEHICLE DATA. (a) In General.--Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 124--ACCESSING VEHICLE DATA. ``2730. Definitions. ``2731. Prohibition on access to vehicle data. ``2732. Prohibition on use of acquired information as evidence. 1804). ``(2) Consent.--The term `consent'-- ``(A) means an affirmative, express, and voluntary agreement that-- ``(i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; ``(ii) specifies the type of content, access credential, or online account information the person is providing access to; ``(iii) specifies the time period of the covered vehicle data to be accessed; ``(iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; ``(v) does not involve sanctions or the threat of sanctions for withholding consent; and ``(vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and ``(B) does not include consent obtained through agreement to a generic privacy policy. 1804); or ``(iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(7) State.--The term `State' means any State of the United States, the District of Columbia, and any territory or possession of the United States. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. ``(C) Unlawful possession.--No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- ``(i) is the vehicle operator who is in unlawful possession of the vehicle; or ``(ii) is a passenger who unlawfully obtained access to the vehicle. ``(D) Oral consent.--Consent provided under this paragraph shall be in writing unless-- ``(i) the person providing the consent requests that the consent be made orally; and ``(ii) the request for consent and the consent are recorded. ``(E) Consent of vehicle operator.--If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. ``(b) Probable Cause.--No data described in section 2731(b)(3) may be used to establish probable cause.''. (b) Technical and Conforming Amendments.-- (1) Driver privacy act of 2015.--Section 24302 of the Driver Privacy Act of 2015 (49 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 ``Closing the Warrantless Digital Car Search Loophole Act of 2021''. SEC. 2. VEHICLE DATA. (a) In General.--Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 124--ACCESSING VEHICLE DATA. ``2730. Definitions. ``2731. Prohibition on access to vehicle data. ``2732. Prohibition on use of acquired information as evidence. 1804). ``(2) Consent.--The term `consent'-- ``(A) means an affirmative, express, and voluntary agreement that-- ``(i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; ``(ii) specifies the type of content, access credential, or online account information the person is providing access to; ``(iii) specifies the time period of the covered vehicle data to be accessed; ``(iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; ``(v) does not involve sanctions or the threat of sanctions for withholding consent; and ``(vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and ``(B) does not include consent obtained through agreement to a generic privacy policy. 1804); or ``(iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(6) Noncommercial vehicle.--The term `noncommercial vehicle' has the meaning given the term `non-CMV' in section 383.5 of title 49, Code of Federal Regulations. ``(7) State.--The term `State' means any State of the United States, the District of Columbia, and any territory or possession of the United States. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. ``(C) Unlawful possession.--No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- ``(i) is the vehicle operator who is in unlawful possession of the vehicle; or ``(ii) is a passenger who unlawfully obtained access to the vehicle. ``(D) Oral consent.--Consent provided under this paragraph shall be in writing unless-- ``(i) the person providing the consent requests that the consent be made orally; and ``(ii) the request for consent and the consent are recorded. ``(E) Consent of vehicle operator.--If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. ``(2) Emergency.-- ``(A) In general.--An investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if-- ``(i) such officer reasonably determines that an emergency situation exists that-- ``(I) involves immediate danger of death or serious physical injury to any person; and ``(II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; ``(ii) there are grounds upon which a warrant could be granted to authorize such access; and ``(iii) an application for a warrant approving such access is submitted to a court within 48 hours after the access has occurred or begins to occur. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. ``(b) Probable Cause.--No data described in section 2731(b)(3) may be used to establish probable cause.''. (b) Technical and Conforming Amendments.-- (1) Driver privacy act of 2015.--Section 24302 of the Driver Privacy Act of 2015 (49 U.S.C.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(6) Noncommercial vehicle.--The term `noncommercial vehicle' has the meaning given the term `non-CMV' in section 383.5 of title 49, Code of Federal Regulations. ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(C) Unlawful possession.--No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- ``(i) is the vehicle operator who is in unlawful possession of the vehicle; or ``(ii) is a passenger who unlawfully obtained access to the vehicle. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(3) Event data recorder for motor vehicle safety.--In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 (49 U.S.C. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. Prohibition on use of acquired information as evidence ``(a) In General.--If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823). ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823). ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(6) Noncommercial vehicle.--The term `noncommercial vehicle' has the meaning given the term `non-CMV' in section 383.5 of title 49, Code of Federal Regulations. ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(C) Unlawful possession.--No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- ``(i) is the vehicle operator who is in unlawful possession of the vehicle; or ``(ii) is a passenger who unlawfully obtained access to the vehicle. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(3) Event data recorder for motor vehicle safety.--In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 (49 U.S.C. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. Prohibition on use of acquired information as evidence ``(a) In General.--If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823). ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(5) Investigative or law enforcement officer.--The term `investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. ``(6) Noncommercial vehicle.--The term `noncommercial vehicle' has the meaning given the term `non-CMV' in section 383.5 of title 49, Code of Federal Regulations. ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(C) Unlawful possession.--No individual may provide or withhold consent under this paragraph or object to another individual accessing covered vehicle data if the individual-- ``(i) is the vehicle operator who is in unlawful possession of the vehicle; or ``(ii) is a passenger who unlawfully obtained access to the vehicle. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(3) Event data recorder for motor vehicle safety.--In addition to the exceptions in paragraphs (1) and (2), data recorded or transmitted by an event data recorder may be accessed from a noncommercial vehicle if authorized by paragraph (3), (4), or (5) of section 24302(b) of the Driver Privacy Act of 2015 (49 U.S.C. 30101 note). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. Prohibition on use of acquired information as evidence ``(a) In General.--If any covered vehicle data has been acquired in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Event data recorder.--The term `event data recorder' has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. Prohibition on access to vehicle data ``(a) In General.--Except as provided in subsection (b), an investigative or law enforcement officer may not access covered vehicle data unless pursuant to a warrant issued in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804, 1823). ``(B) Vehicle owner.--If the vehicle operator cannot be located with reasonable effort, the vehicle owner or, in the case of a leased vehicle, the lessee, may provide consent under this paragraph. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. Accessing vehicle data............................... 2730''.

To amend title 18, United States Code, to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. Definitions ``In this chapter: ``(1) Access.--The term `access'-- ``(A) means any retrieval of covered vehicle data, regardless of-- ``(i) whether the data is obtained as the information is being produced or from digital storage; and ``(ii) where the vehicle data is stored or transmitted, including by wire or radio; and ``(B) does not include data covered by chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). ``(8) Vehicle operator.--The term `vehicle operator' means-- ``(A) a person who controls the operation of a vehicle at the time consent is sought; and ``(B) with respect to a vehicle that is not classified as a highly autonomous vehicle by the Secretary of Transportation, the driver of the vehicle. ``(B) Denial.--If an application for a warrant submitted pursuant to subparagraph (A)(iii) is denied, any covered vehicle data accessed under this paragraph shall be treated as having been obtained in violation of this chapter. ``(4) Rule of construction.--Nothing in this section shall be interpreted to require the transmission or storage of data that is not otherwise transmitted or stored, or the retrieval of data that is not generally retrievable. 2) Table of chapters.--The table of chapters for part 1 of title 18, United States Code, is amended by adding at the end the following: ``124.

Closing the Warrantless Digital Car Search Loophole Act of 2021 This bill amends the federal criminal code to require law enforcement officials to obtain a warrant before accessing data stored in cars, and for other purposes. The bill defines "covered vehicle data" as all onboard and telematics data generated by, processed by, or stored on a noncommercial vehicle using computing, storage and Amends the Federal criminal code to authorize an investigative or law enforcement officer, the Attorney General, the Deputy Attorney General (DOJ), the Associate Attorney General or the principal prosecuting attorney of any state or subdivision thereof acting pursuant to a statute of that state, to access covered vehicle data if: (1) such officer reasonably determines that an emergency situation exists that involves immediate danger of death or

H.R.3429

Commerce

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

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

SHOP SAFE Act of 2021

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

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

Rep. Nadler, Jerrold

D

NY

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

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. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. ``(ii) The term `electronic commerce platform' means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of such platform to sell or offer to sell physical goods to consumers located in the United States. ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. SEC. 2. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(vi) Displayed conspicuously in each listing the country of origin and manufacture of the goods, unless such information was not reasonably available to the third-party seller and the third-party seller had identified to the platform the steps it undertook to identify the country of origin and manufacture of the goods and the reasons it was unable to identify the same. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. ``(ii) The term `electronic commerce platform' means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of such platform to sell or offer to sell physical goods to consumers located in the United States. ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(C) This paragraph shall apply-- ``(i) to an electronic commerce platform that has annual sales on the platform of $500,000 or more; or ``(ii) to an electronic commerce platform with less than $500,000 in annual sales six months after the platform has received ten notices (in which there is a reference to this paragraph and an explicit notification to the platform of the ten-notice limit), in aggregate, identifying listings on the platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health or safety. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

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

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. ( b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (

Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021 or the SHOP SAFE Act (Sec. 2) This bill amends the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. The This bill requires an electronic commerce platform that has annual sales on the platform of $500,000 or more to: (1) implement at no cost to the registrant reasonable technological measures for screening third-party sellers to ensure that sellers who have been terminated do not rejoin or remain on the site under a different seller identity or alias; and (2) provide a verified basis to

H.R.1413

Agriculture and Food

Expanding SNAP Options Act of 2021 This bill revises the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) to make the online redemption of benefits, including the acceptance of Electronic Benefits Transfer (EBT) cards, more widely available by requiring the implementation of online SNAP purchasing in every state and providing funding for an online redemption portal and a technical assistance center. The Department of Agriculture (USDA) must award on a competitive basis one or more contracts to develop an EBT Online Redemption Portal to (1) allow program participants to use online or mobile electronic benefits transactions to purchase program foods from, and make online payments to, authorized program retailers under SNAP; and (2) facilitate food purchase delivery for program participants using such electronic benefits transactions. The Food and Nutrition Service of USDA must award competitive grants or enter into cooperative agreements with nonprofit entities to establish a SNAP Online Purchasing Technical Assistance Center to provide state agencies, authorized program retailers, and program participants information on and technical assistance with accepting SNAP benefits through online transactions and use of the portal. In providing technical assistance, the center must give priority to entities that are small and limited-resource retailers. The bill provides funding for both the online redemption portal and the technical assistance center. USDA must maintain on its website a publicly available listing, organized and searchable by region, locality, and state, of all approved retail food stores accepting benefits from recipients of SNAP, including through online transactions.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. SEC. 2. ONLINE PORTAL FOR SNAP BENEFIT REDEMPTION. Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended-- (1) in subparagraph (A), by striking ``Subject to subparagraph (B), the'' and inserting ``The''; and (2) by striking subparagraph (B) and inserting the following: ``(B) EBT online redemption portal.-- ``(i) Purpose.--The purpose of this subparagraph is to expand options for and access to food for eligible households by making the online redemption of program benefits, including the acceptance of EBT cards, more widely available to grocery stores, small retailers, and farmers who face barriers in implementing their own online payment portals. ``(ii) Contracts.--Not later than 180 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall award on a competitive basis 1 or more contracts to 1 or more eligible entities described in clause (iii) to develop an online portal, to be known as the `EBT Online Redemption Portal'-- ``(I) to allow program participants to use online or mobile electronic benefits transactions, including through the acceptance of EBT cards, to purchase program foods from, and make online payments to, authorized program retailers under the supplemental nutrition assistance program; and ``(II) to facilitate food purchase delivery for program participants using the transactions described in subclause (I). ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(II) Portal features.--In awarding a contract to an eligible entity under clause (ii), the Secretary shall give preference to an eligible entity that demonstrates an ability to implement the following features of an EBT Online Redemption Portal: ``(aa) Client-facing technology with a primary preference for mobile device or smartphone application. ``(bb) Fail-safe systems to maintain privacy and online security of data. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(dd) Ability to update as technologies evolve. ``(ee) Ease of operation for program participants, including multilingual functionality. ``(ff) Interoperability with delivery technologies and interfaces. ``(gg) Identification of participating retailers within geographic proximity to the user. ``(hh) Ability to perform single transactions using mixed tender, including a single transaction for eligible food items using an EBT card and noneligible items using another form of payment. ``(ii) Adherence to a comprehensive business continuity and disaster recovery plan-- ``(AA) to allow the portal to recover from any interruption of service; and ``(BB) that includes sufficient back-up systems, equipment, facilities, and trained personnel to implement the plan. ``(v) Requirements.-- ``(I) In general.--The Online EBT Redemption Portal developed by the eligible entity awarded the contract under clause (ii) shall-- ``(aa) enable the integrated processing of an online EBT transaction by providing a platform and facilitating the purchasing interaction between the consumer, retailer, third-party processors (for EBT card processing and the secure online entry of a personal identification number), and delivery vendor, as applicable; ``(bb) to deter fraud, have in place for program participants privacy and security protections, similar to protections provided under existing electronic benefit transfer methods, including entry of a personal identification number in a manner that complies with the guidelines of leading national consensus standards organizations, as determined by the Secretary, for encrypting personal identification number entry; ``(cc) be secure and operate in a manner that maintains program integrity, including food item eligibility; ``(dd) be available in an initial or beta version not later than 120 days after the date on which the eligible entity is awarded the contract; ``(ee) be ready to be fully deployed in all States not later than 180 days after the date described in item (dd); ``(ff) be available for use by any retail food store or wholesale food concern authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program-- ``(AA) at no charge beyond a nominal fee that is not more than reasonably necessary to support maintenance of the portal and subject to the approval of the Secretary; and ``(BB) on an application-based and browser-based platform for smartphones and a browser-based online platform for tablets and computers; ``(gg) adhere to commercial standards for service level availability to ensure the viability of the portal and the use of the portal by retail food stores and wholesale food concerns authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program; and ``(hh) perform ongoing maintenance services and retailer enrollment and termination of enrollment activities to ensure continuous operability of the portal. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(vii) Authorization of appropriations.-- There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $25,000,000 to provide under the contract described in clause (ii).''. SEC. 3. BROAD ACCEPTANCE OF SNAP BENEFITS THROUGH ONLINE TRANSACTIONS. Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(ii) Eligible entity.--The term `eligible entity' means a retail food store or wholesale food concern authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program. ``(B) Technical assistance center.--The Secretary, acting through the Administrator of the Food and Nutrition Service, shall, on a competitive basis, award 1 or more grants to, or enter into 1 or more cooperative agreements with, 1 or more covered entities to establish a technical assistance center, to be known as the `SNAP Online Purchasing Technical Assistance Center', to provide-- ``(i) to State agencies, eligible entities, and program participants information on and technical assistance with, as applicable-- ``(I) accepting program benefits through online transactions; ``(II) using the EBT Online Redemption Portal described in subsection (h)(14)(B); ``(III) in the case of State agencies, conducting outreach to eligible entities to ensure that those eligible entities are informed of the technical assistance provided by the center; ``(IV) research, training, and best practices relating to redeeming program benefits through online transactions; and ``(V) facilitating communication between eligible entities, applicable State agencies, and the Department of Agriculture; and ``(ii) to eligible entities direct grants to defray the technological costs of carrying out the activities described in subclauses (I) and (II) of clause (i). ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers. ``(E) Funding.--There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $75,000,000 to carry out this paragraph, to remain available until expended, of which not more than 3 percent may be used by the Secretary for administrative expenses. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''. <all>

Expanding SNAP Options Act of 2021

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes.

Expanding SNAP Options Act of 2021

Rep. Kelly, Robin L.

D

IL

This bill revises the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) to make the online redemption of benefits, including the acceptance of Electronic Benefits Transfer (EBT) cards, more widely available by requiring the implementation of online SNAP purchasing in every state and providing funding for an online redemption portal and a technical assistance center. The Department of Agriculture (USDA) must award on a competitive basis one or more contracts to develop an EBT Online Redemption Portal to (1) allow program participants to use online or mobile electronic benefits transactions to purchase program foods from, and make online payments to, authorized program retailers under SNAP; and (2) facilitate food purchase delivery for program participants using such electronic benefits transactions. The Food and Nutrition Service of USDA must award competitive grants or enter into cooperative agreements with nonprofit entities to establish a SNAP Online Purchasing Technical Assistance Center to provide state agencies, authorized program retailers, and program participants information on and technical assistance with accepting SNAP benefits through online transactions and use of the portal. In providing technical assistance, the center must give priority to entities that are small and limited-resource retailers. The bill provides funding for both the online redemption portal and the technical assistance center. USDA must maintain on its website a publicly available listing, organized and searchable by region, locality, and state, of all approved retail food stores accepting benefits from recipients of SNAP, including through online transactions.

SHORT TITLE. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ONLINE PORTAL FOR SNAP BENEFIT REDEMPTION. Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(bb) Fail-safe systems to maintain privacy and online security of data. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(dd) Ability to update as technologies evolve. ``(ee) Ease of operation for program participants, including multilingual functionality. ``(ff) Interoperability with delivery technologies and interfaces. ``(gg) Identification of participating retailers within geographic proximity to the user. ``(hh) Ability to perform single transactions using mixed tender, including a single transaction for eligible food items using an EBT card and noneligible items using another form of payment. ``(ii) Adherence to a comprehensive business continuity and disaster recovery plan-- ``(AA) to allow the portal to recover from any interruption of service; and ``(BB) that includes sufficient back-up systems, equipment, facilities, and trained personnel to implement the plan. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(vii) Authorization of appropriations.-- There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $25,000,000 to provide under the contract described in clause (ii).''. SEC. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(ii) Eligible entity.--The term `eligible entity' means a retail food store or wholesale food concern authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers.

SHORT TITLE. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ONLINE PORTAL FOR SNAP BENEFIT REDEMPTION. Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(bb) Fail-safe systems to maintain privacy and online security of data. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(dd) Ability to update as technologies evolve. ``(ee) Ease of operation for program participants, including multilingual functionality. ``(ff) Interoperability with delivery technologies and interfaces. ``(gg) Identification of participating retailers within geographic proximity to the user. ``(hh) Ability to perform single transactions using mixed tender, including a single transaction for eligible food items using an EBT card and noneligible items using another form of payment. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(vii) Authorization of appropriations.-- There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $25,000,000 to provide under the contract described in clause (ii).''. SEC. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(ii) Eligible entity.--The term `eligible entity' means a retail food store or wholesale food concern authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program.

SHORT TITLE. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ONLINE PORTAL FOR SNAP BENEFIT REDEMPTION. Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(bb) Fail-safe systems to maintain privacy and online security of data. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(dd) Ability to update as technologies evolve. ``(ee) Ease of operation for program participants, including multilingual functionality. ``(ff) Interoperability with delivery technologies and interfaces. ``(gg) Identification of participating retailers within geographic proximity to the user. ``(hh) Ability to perform single transactions using mixed tender, including a single transaction for eligible food items using an EBT card and noneligible items using another form of payment. ``(ii) Adherence to a comprehensive business continuity and disaster recovery plan-- ``(AA) to allow the portal to recover from any interruption of service; and ``(BB) that includes sufficient back-up systems, equipment, facilities, and trained personnel to implement the plan. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(vii) Authorization of appropriations.-- There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $25,000,000 to provide under the contract described in clause (ii).''. SEC. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(ii) Eligible entity.--The term `eligible entity' means a retail food store or wholesale food concern authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ONLINE PORTAL FOR SNAP BENEFIT REDEMPTION. Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(bb) Fail-safe systems to maintain privacy and online security of data. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(dd) Ability to update as technologies evolve. ``(ee) Ease of operation for program participants, including multilingual functionality. ``(ff) Interoperability with delivery technologies and interfaces. ``(gg) Identification of participating retailers within geographic proximity to the user. ``(hh) Ability to perform single transactions using mixed tender, including a single transaction for eligible food items using an EBT card and noneligible items using another form of payment. ``(ii) Adherence to a comprehensive business continuity and disaster recovery plan-- ``(AA) to allow the portal to recover from any interruption of service; and ``(BB) that includes sufficient back-up systems, equipment, facilities, and trained personnel to implement the plan. ``(v) Requirements.-- ``(I) In general.--The Online EBT Redemption Portal developed by the eligible entity awarded the contract under clause (ii) shall-- ``(aa) enable the integrated processing of an online EBT transaction by providing a platform and facilitating the purchasing interaction between the consumer, retailer, third-party processors (for EBT card processing and the secure online entry of a personal identification number), and delivery vendor, as applicable; ``(bb) to deter fraud, have in place for program participants privacy and security protections, similar to protections provided under existing electronic benefit transfer methods, including entry of a personal identification number in a manner that complies with the guidelines of leading national consensus standards organizations, as determined by the Secretary, for encrypting personal identification number entry; ``(cc) be secure and operate in a manner that maintains program integrity, including food item eligibility; ``(dd) be available in an initial or beta version not later than 120 days after the date on which the eligible entity is awarded the contract; ``(ee) be ready to be fully deployed in all States not later than 180 days after the date described in item (dd); ``(ff) be available for use by any retail food store or wholesale food concern authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program-- ``(AA) at no charge beyond a nominal fee that is not more than reasonably necessary to support maintenance of the portal and subject to the approval of the Secretary; and ``(BB) on an application-based and browser-based platform for smartphones and a browser-based online platform for tablets and computers; ``(gg) adhere to commercial standards for service level availability to ensure the viability of the portal and the use of the portal by retail food stores and wholesale food concerns authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program; and ``(hh) perform ongoing maintenance services and retailer enrollment and termination of enrollment activities to ensure continuous operability of the portal. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(vii) Authorization of appropriations.-- There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $25,000,000 to provide under the contract described in clause (ii).''. SEC. BROAD ACCEPTANCE OF SNAP BENEFITS THROUGH ONLINE TRANSACTIONS. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(ii) Eligible entity.--The term `eligible entity' means a retail food store or wholesale food concern authorized under section 9 to accept and redeem benefits under the supplemental nutrition assistance program. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers. ``(E) Funding.--There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $75,000,000 to carry out this paragraph, to remain available until expended, of which not more than 3 percent may be used by the Secretary for administrative expenses. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(II) Portal features.--In awarding a contract to an eligible entity under clause (ii), the Secretary shall give preference to an eligible entity that demonstrates an ability to implement the following features of an EBT Online Redemption Portal: ``(aa) Client-facing technology with a primary preference for mobile device or smartphone application. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers. ``(E) Funding.--There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $75,000,000 to carry out this paragraph, to remain available until expended, of which not more than 3 percent may be used by the Secretary for administrative expenses. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(II) Portal features.--In awarding a contract to an eligible entity under clause (ii), the Secretary shall give preference to an eligible entity that demonstrates an ability to implement the following features of an EBT Online Redemption Portal: ``(aa) Client-facing technology with a primary preference for mobile device or smartphone application. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers. ``(E) Funding.--There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $75,000,000 to carry out this paragraph, to remain available until expended, of which not more than 3 percent may be used by the Secretary for administrative expenses. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(II) Portal features.--In awarding a contract to an eligible entity under clause (ii), the Secretary shall give preference to an eligible entity that demonstrates an ability to implement the following features of an EBT Online Redemption Portal: ``(aa) Client-facing technology with a primary preference for mobile device or smartphone application. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers. ``(E) Funding.--There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $75,000,000 to carry out this paragraph, to remain available until expended, of which not more than 3 percent may be used by the Secretary for administrative expenses. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended-- (1) by striking ``on-line'' each place it appears and inserting ``online''; (2) in paragraph (1)-- (A) by striking ``Subject to paragraph (4), the'' and inserting ``The''; and (B) by inserting ``in any State'' after ``stores''; and (3) by striking paragraph (4) and inserting the following: ``(4) Technical assistance.-- ``(A) Definitions.--In this paragraph: ``(i) Covered entity.--The term `covered entity' means a public or private nonprofit entity. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. This Act may be cited as the ``Expanding SNAP Options Act of 2021''. ``(iii) Eligible entity.--An eligible entity referred to in clause (ii) is any for- profit or nonprofit entity with demonstrable expertise in the development, operation, or maintenance of electronic payment systems (including systems with advanced security protocols), which may include expertise in benefits management or administration of State systems, as determined by the Secretary. ``(iv) Application; portal features.-- ``(I) Application.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(aa) a description of how the eligible entity plans to implement the requirements described in clause (v); and ``(bb) a beta plan that has been user-tested. ``(II) Portal features.--In awarding a contract to an eligible entity under clause (ii), the Secretary shall give preference to an eligible entity that demonstrates an ability to implement the following features of an EBT Online Redemption Portal: ``(aa) Client-facing technology with a primary preference for mobile device or smartphone application. ``(cc) Ability to redirect a consumer to an existing online platform of a vendor, if applicable. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(vi) Report to congress.--Not later than 240 days after the date of enactment of the Expanding SNAP Options Act of 2021, the Secretary shall submit to Congress a report on the status of activities carried out under this subparagraph. ``(C) Qualifications.--At least 1 covered entity that receives a grant or enters into a cooperative agreement under subparagraph (B) shall have expertise in providing technical assistance to food retailers operating under a Federal nutrition program. ``(D) Technical assistance priority.--In providing technical assistance to eligible entities, the SNAP Online Purchasing Technical Assistance Center shall give priority to eligible entities that are small and limited-resource retailers. ``(E) Funding.--There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $75,000,000 to carry out this paragraph, to remain available until expended, of which not more than 3 percent may be used by the Secretary for administrative expenses. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions.''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions. ''.

To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes. ``(II) Portal features.--In awarding a contract to an eligible entity under clause (ii), the Secretary shall give preference to an eligible entity that demonstrates an ability to implement the following features of an EBT Online Redemption Portal: ``(aa) Client-facing technology with a primary preference for mobile device or smartphone application. ``(II) Evaluation of beta version.--The Secretary shall conduct a review of the initial or beta version of the Online EBT Redemption Portal under subclause (I)(dd), including by soliciting feedback from program participants. ``(5) Publication of online vendors.--The Secretary shall maintain on the website of the Department of Agriculture a publicly available listing, organized and searchable by region, locality, and State, of all approved retail food stores accepting benefits from recipients of supplemental nutrition assistance, including through online transactions. ''.

Expanding SNAP Options Act of 2021 This bill amends the Food and Nutrition Act of 2008 to require the Department of Agriculture (USDA) to award competitive contracts to one or more for-profit or nonprofit entities to develop an online portal to allow program participants to use online or mobile electronic benefits transactions (EBT) to purchase program foods from, and make online payments to, authorized program Amends the Food and Nutrition Act of 2008 to require the Secretary of Agriculture (USDA) to award competitive grants to, or enter into cooperative agreements with, one or more public or private nonprofit entities to establish a technical assistance center to provide: (1) to state agencies, eligible entities, and program participants information on and technical assistance with, as applicable, accepting program benefits through online

H.R.8817

Health

National Nursing Workforce Center Act of 2022 This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. Be it enacted by the Senate 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 Nursing Workforce Center Act of 2022''. SEC. 2. STATE NURSING WORKFORCE CENTERS. Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 295j et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(a) In General.--The Secretary shall carry out a 3-year pilot program to establish new or enhance existing State-based nursing workforce centers, evaluate the impact of State-based nursing workforce centers on outcomes, and assess the feasibility of nursing workforce public-private partnerships. The Secretary shall begin implementation of such pilot program not later than 1 year after the date of enactment of the National Nursing Workforce Center Act of 2022. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(2) Term.--The term of a grant awarded under the pilot program under subsection (a) shall be 3 years. ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(d) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among-- ``(1) the geographical regions of the United States; and ``(2) States with an existing nursing workforce center and States without any such existing center. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(f) Use of Funds.--A nursing workforce center supported under this section may use funds provided under this section for the following statewide activities: ``(1) Conducting comprehensive analysis of and research on-- ``(A) existing State nursing workforce data and gaps in such data; ``(B) two- and four-year nursing education programs, including with respect to-- ``(i) faculty capacity and pay; ``(ii) enrollment, retention, and graduation; ``(iii) services for nursing students and the outcomes of such services; ``(iv) facility needs; and ``(v) clinical placement capacity; ``(C) State-specific scholarships, grants, and financial aid; and ``(D) factors contributing to retention and recruitment challenges and to nurses leaving the workplace or profession. ``(2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. Each such report shall include-- ``(1) a description of initiatives to study the unique characteristics of State nursing workforces, and efforts to increase the number of new nurses, recruit nurses to the nursing profession, and retain nurses in the workplace; ``(2) impact data on nurses served by nursing workforce centers, including demographic information of the individuals served, the number of such individuals, and the types of services provided; ``(3) the effectiveness of establishing formal public- private relationships at understanding the national nursing workforce through improved data collection and standardization; ``(4) data on continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; and ``(5) the Secretary's recommendations and best practices for-- ``(A) reducing shortages among different nursing specialties; ``(B) reducing shortages in rural and underserved areas; ``(C) improving geographical distribution of the nursing workforce; and ``(D) reducing shortages among different types of nursing employers. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. SEC. 3. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. (a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. 294n(c)) is amended by adding at the end the following: ``(3) Minimum requirement.--At least one grant or contract awarded under this subsection shall be awarded to an eligible entity that demonstrates-- ``(A) a mission to advance and support the nursing workforce; ``(B) experience and expertise in guiding State- level nursing workforce centers; ``(C) experience in working with nursing workforce data; ``(D) expertise in analytical methods and tools appropriate for nursing workforce research; and ``(E) awareness of emerging topics, issues, and trends related to the nursing workforce. ``(4) Analysis and reporting.--Analysis and reporting carried out pursuant to a grant or contract under this subsection may include-- ``(A) collaborating with nursing workforce centers to produce or deliver, with respect to the supply of nurses, the demand for nurses, and the capacity to educate and train the nursing workforce-- ``(i) regional and national reports; ``(ii) articles in peer-reviewed journals; ``(iii) presentations at national and international conferences and meetings; and ``(iv) policy briefs, fact sheets, articles, blogs, and other publications available in the public domain; ``(B) evaluating the programs and activities of the nursing workforce centers overall; ``(C) developing evidence-based or evidence- informed strategies and best practices to alleviate nursing workforce shortages across States and regions; and ``(D) conducting rapid data analysis and short- term, issue-specific research. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to subsection (c)(1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources. ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''. <all>

National Nursing Workforce Center Act of 2022

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes.

National Nursing Workforce Center Act of 2022

Rep. Blunt Rochester, Lisa

D

DE

This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.

SHORT TITLE. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). Such contributions may be made directly or through donations from public or private entities. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. SEC. 3. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to subsection (c)(1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources.

SHORT TITLE. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). Such contributions may be made directly or through donations from public or private entities. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. SEC. 3. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C.

SHORT TITLE. This Act may be cited as the ``National Nursing Workforce Center Act of 2022''. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. ``(d) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among-- ``(1) the geographical regions of the United States; and ``(2) States with an existing nursing workforce center and States without any such existing center. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. SEC. 3. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to subsection (c)(1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources.

Be it enacted by the Senate 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 Nursing Workforce Center Act of 2022''. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. ``(d) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among-- ``(1) the geographical regions of the United States; and ``(2) States with an existing nursing workforce center and States without any such existing center. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(f) Use of Funds.--A nursing workforce center supported under this section may use funds provided under this section for the following statewide activities: ``(1) Conducting comprehensive analysis of and research on-- ``(A) existing State nursing workforce data and gaps in such data; ``(B) two- and four-year nursing education programs, including with respect to-- ``(i) faculty capacity and pay; ``(ii) enrollment, retention, and graduation; ``(iii) services for nursing students and the outcomes of such services; ``(iv) facility needs; and ``(v) clinical placement capacity; ``(C) State-specific scholarships, grants, and financial aid; and ``(D) factors contributing to retention and recruitment challenges and to nurses leaving the workplace or profession. ``(2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. Each such report shall include-- ``(1) a description of initiatives to study the unique characteristics of State nursing workforces, and efforts to increase the number of new nurses, recruit nurses to the nursing profession, and retain nurses in the workplace; ``(2) impact data on nurses served by nursing workforce centers, including demographic information of the individuals served, the number of such individuals, and the types of services provided; ``(3) the effectiveness of establishing formal public- private relationships at understanding the national nursing workforce through improved data collection and standardization; ``(4) data on continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; and ``(5) the Secretary's recommendations and best practices for-- ``(A) reducing shortages among different nursing specialties; ``(B) reducing shortages in rural and underserved areas; ``(C) improving geographical distribution of the nursing workforce; and ``(D) reducing shortages among different types of nursing employers. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. SEC. 3. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to subsection (c)(1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to the Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not less than 6 grants under the pilot program under subsection (a). ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing.

National Nursing Workforce Center Act of 2022 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to carry out a three-year pilot program to establish new or enhance existing state-based nursing workforce centers, evaluate the impact of such centers on outcomes, and assess the feasibility of nursing workforce public-private partnerships. HHS shall award up Amends the Public Health Service Act to authorize appropriations for FY2023 through 2025 for grants and contracts to state and regional nursing workforce centers for health workforce analysis. (Currently, such grants are awarded to state-level nursing workforce organizations.) (Sec. 3) Requires at least one grant or contract to be awarded to an eligible entity that demonstrates: (1) a mission to advance and

H.R.1448

Armed Forces and National Security

Puppies Assisting Wounded Servicemembers for Veterans Therapy Act or the PAWS for Veterans Therapy Act This bill implements a program and a policy related to service dog therapy for veterans. Specifically, the bill requires the Department of Veterans Affairs (VA) to implement a five-year pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder as an element of a complementary and integrative health program. Eligible veterans are those who are enrolled in the VA health care system and have been recommended for participation by a qualified mental health care provider or clinical team. The VA must seek to enter agreements containing specified elements with accredited nongovernmental entities that have demonstrated ability to provide canine training. Veterans who participate in the program are authorized to adopt the dog they assisted in training if their health provider determines it is in the best interest of the veteran. The VA must establish processes to document and track the progress of participating veterans with respect to health benefits and improvements. The Government Accountability Office must brief Congress and submit a report on the program. The bill also authorizes the VA to provide service dogs to veterans with mental illnesses, regardless of whether they have a mobility impairment.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. 329]] Public Law 117-37 117th Congress An Act To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy, and to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide service dogs to veterans with mental illnesses who do not have mobility impairments. <<NOTE: Aug. 25, 2021 - [H.R. 1448]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Puppies Assisting Wounded Servicemembers for Veterans Therapy Act.>> SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE. This Act may be cited as the ``Puppies Assisting Wounded Servicemembers for Veterans Therapy Act'' or the ``PAWS for Veterans Therapy Act''. SEC. 2. <<NOTE: 38 USC 1714 note.>> DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) <<NOTE: Deadline.>> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. (b) Duration; Medical Centers.-- (1) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a 5-year period beginning on the date of the commencement of the pilot program. (2) Medical centers.--The Secretary shall ensure that such pilot program is carried out by not fewer than five medical centers of the Department of Veterans Affairs located in geographically diverse areas. (c) <<NOTE: Determination.>> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). (d) Required Conditions.--The Secretary shall include in any agreement under subsection (c) conditions requiring that the nongovernmental entity seeking to enter into the agreement-- (1) <<NOTE: Certification.>> submits to the Secretary certification that the entity is an accredited service dog training organization; (2) <<NOTE: Determination.>> agrees to ensure that veterans participating in the pilot program under subsection (a) receive training from certified service dog training instructors for a period of time determined appropriate by the entity; (3) agrees to ensure that veterans participating in such pilot program are prohibited from having access to a dog under [[Page 135 STAT. 330]] such pilot program at any time during such participation without the supervision of a certified service dog training instructor; (4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; (5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and (6) agrees to provide any follow-up training support specified in subsection (e)(2), as applicable. (e) Adoption of Dog.-- (1) <<NOTE: Consultation. Determination.>> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. (2) Follow-up training support.--If a veteran adopts a dog under paragraph (1), the entity that provided the canine training with respect to the dog under the pilot program shall provide follow-up training support for the life of the dog. Such support shall include the provision of a contact plan between the veteran and the entity that enables the veteran to seek and receive assistance from the entity to ensure the dog is being properly cared for. (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. (g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination.>> whether participation in the pilot program resulted in any clinically relevant improvements for such veterans, as determined by the health care provider or clinical team that referred the veteran to participate in the pilot program; and (D) such other factors as the Secretary may determine appropriate; and (2) establish processes to document and track the progress of such veterans under the pilot program with respect to health benefits and improvements. (h) <<NOTE: Recommenda- tions.>> Report by Secretary.--Not later than 1 year before the date on which the pilot program under subsection (a) terminates, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the recommendations of the Secretary regarding-- (1) whether to extend or make permanent the pilot program; and [[Page 135 STAT. 331]] (2) the feasibility and advisability of expanding the pilot program to address mental health conditions other than PTSD. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the date of the commencement of the pilot program under subsection (a), the Comptroller General of the United States shall provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the methodology established for the pilot program. (2) Report.--Not later than 270 days after the date on which the pilot program terminates, the Comptroller General shall submit to the committees specified in paragraph (1) a report on the pilot program. <<NOTE: Evaluation.>> Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) assisting veterans with PTSD; and (B) measuring relevant metrics, such as reduction in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. (j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). (2) The term ``eligible veteran'' means a veteran who-- (A) is enrolled in the patient enrollment system in the Department of Veterans Affairs under section 1705 of title 38, United States Code; and (B) has been recommended for participation in the pilot program under subsection (a) by a qualified mental health care provider or clinical team based on medical judgment that the veteran may benefit from such participation with respect to the diagnosed PTSD of the veteran. (3) The term ``service dog training instructor'' means an instructor who provides the direct training of veterans with PTSD in the art and science of service dog training and handling. SEC. 3. PROVISION OF SERVICE DOGS AND VETERINARY INSURANCE BENEFITS TO VETERANS WITH POST-TRAUMATIC STRESS DISORDER WHO DO NOT HAVE CERTAIN IMPAIRMENTS. (a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. ``(f)(1) The Secretary shall provide to any veteran described in paragraph (2) a commercially available veterinary insurance policy for each dog provided to such veteran under subsection (b) or (c). ``(2) A veteran described in this paragraph is a veteran who-- [[Page 135 STAT. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. (b) <<NOTE: 38 USC 1714 note.>> Applicability.--Section 1714(f) of title 38, United States Code, as added by subsection (a), shall apply with respect to a veteran provided a dog by the Secretary of Veterans Affairs on or after the date of the enactment of this Act. Approved August 25, 2021. LEGISLATIVE HISTORY--H.R. 1448: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-31 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 167 (2021): May 12, considered and passed House. Aug. 5, considered and passed Senate. <all>

PAWS for Veterans Therapy Act

To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy, and to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide service dogs to veterans with mental illnesses who do not have mobility impairments.

PAWS for Veterans Therapy Act Puppies Assisting Wounded Servicemembers for Veterans Therapy Act Puppies Assisting Wounded Servicemembers for Veterans Therapy Act PAWS for Veterans Therapy Act Puppies Assisting Wounded Servicemembers for Veterans Therapy Act PAWS for Veterans Therapy Act Puppies Assisting Wounded Servicemembers for Veterans Therapy Act

Rep. Stivers, Steve

R

OH

This bill implements a program and a policy related to service dog therapy for veterans. Specifically, the bill requires the Department of Veterans Affairs (VA) to implement a five-year pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder as an element of a complementary and integrative health program. Eligible veterans are those who are enrolled in the VA health care system and have been recommended for participation by a qualified mental health care provider or clinical team. The VA must seek to enter agreements containing specified elements with accredited nongovernmental entities that have demonstrated ability to provide canine training. Veterans who participate in the program are authorized to adopt the dog they assisted in training if their health provider determines it is in the best interest of the veteran. The VA must establish processes to document and track the progress of participating veterans with respect to health benefits and improvements. The Government Accountability Office must brief Congress and submit a report on the program. The bill also authorizes the VA to provide service dogs to veterans with mental illnesses, regardless of whether they have a mobility impairment.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 101 note.>> SHORT TITLE. This Act may be cited as the ``Puppies Assisting Wounded Servicemembers for Veterans Therapy Act'' or the ``PAWS for Veterans Therapy Act''. 2. <<NOTE: 38 USC 1714 note.>> DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (c) <<NOTE: Determination.>> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). 330]] such pilot program at any time during such participation without the supervision of a certified service dog training instructor; (4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; (5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and (6) agrees to provide any follow-up training support specified in subsection (e)(2), as applicable. (2) Follow-up training support.--If a veteran adopts a dog under paragraph (1), the entity that provided the canine training with respect to the dog under the pilot program shall provide follow-up training support for the life of the dog. (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. 331]] (2) the feasibility and advisability of expanding the pilot program to address mental health conditions other than PTSD. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the date of the commencement of the pilot program under subsection (a), the Comptroller General of the United States shall provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the methodology established for the pilot program. (j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). SEC. 3. PROVISION OF SERVICE DOGS AND VETERINARY INSURANCE BENEFITS TO VETERANS WITH POST-TRAUMATIC STRESS DISORDER WHO DO NOT HAVE CERTAIN IMPAIRMENTS. Approved August 25, 2021. LEGISLATIVE HISTORY--H.R. 1448: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-31 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. Aug. 5, considered and passed Senate.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. This Act may be cited as the ``Puppies Assisting Wounded Servicemembers for Veterans Therapy Act'' or the ``PAWS for Veterans Therapy Act''. 2. <<NOTE: 38 USC 1714 note.>> DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (c) <<NOTE: Determination.>> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. 331]] (2) the feasibility and advisability of expanding the pilot program to address mental health conditions other than PTSD. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the date of the commencement of the pilot program under subsection (a), the Comptroller General of the United States shall provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the methodology established for the pilot program. (j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). SEC. 3. PROVISION OF SERVICE DOGS AND VETERINARY INSURANCE BENEFITS TO VETERANS WITH POST-TRAUMATIC STRESS DISORDER WHO DO NOT HAVE CERTAIN IMPAIRMENTS. Approved August 25, 2021. LEGISLATIVE HISTORY--H.R. 1448: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-31 (Comm. on Veterans' Affairs). Aug. 5, considered and passed Senate.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 101 note.>> SHORT TITLE. This Act may be cited as the ``Puppies Assisting Wounded Servicemembers for Veterans Therapy Act'' or the ``PAWS for Veterans Therapy Act''. 2. <<NOTE: 38 USC 1714 note.>> DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (2) Medical centers.--The Secretary shall ensure that such pilot program is carried out by not fewer than five medical centers of the Department of Veterans Affairs located in geographically diverse areas. (c) <<NOTE: Determination.>> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). 330]] such pilot program at any time during such participation without the supervision of a certified service dog training instructor; (4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; (5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and (6) agrees to provide any follow-up training support specified in subsection (e)(2), as applicable. (e) Adoption of Dog.-- (1) <<NOTE: Consultation. (2) Follow-up training support.--If a veteran adopts a dog under paragraph (1), the entity that provided the canine training with respect to the dog under the pilot program shall provide follow-up training support for the life of the dog. (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. (g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination.>> whether participation in the pilot program resulted in any clinically relevant improvements for such veterans, as determined by the health care provider or clinical team that referred the veteran to participate in the pilot program; and (D) such other factors as the Secretary may determine appropriate; and (2) establish processes to document and track the progress of such veterans under the pilot program with respect to health benefits and improvements. 331]] (2) the feasibility and advisability of expanding the pilot program to address mental health conditions other than PTSD. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the date of the commencement of the pilot program under subsection (a), the Comptroller General of the United States shall provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the methodology established for the pilot program. <<NOTE: Evaluation.>> Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) assisting veterans with PTSD; and (B) measuring relevant metrics, such as reduction in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. (j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). SEC. 3. PROVISION OF SERVICE DOGS AND VETERINARY INSURANCE BENEFITS TO VETERANS WITH POST-TRAUMATIC STRESS DISORDER WHO DO NOT HAVE CERTAIN IMPAIRMENTS. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. Approved August 25, 2021. LEGISLATIVE HISTORY--H.R. 1448: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-31 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. Aug. 5, considered and passed Senate.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 101 note.>> SHORT TITLE. This Act may be cited as the ``Puppies Assisting Wounded Servicemembers for Veterans Therapy Act'' or the ``PAWS for Veterans Therapy Act''. 2. <<NOTE: 38 USC 1714 note.>> DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) <<NOTE: Deadline.>> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. (b) Duration; Medical Centers.-- (1) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a 5-year period beginning on the date of the commencement of the pilot program. (2) Medical centers.--The Secretary shall ensure that such pilot program is carried out by not fewer than five medical centers of the Department of Veterans Affairs located in geographically diverse areas. (c) <<NOTE: Determination.>> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). 330]] such pilot program at any time during such participation without the supervision of a certified service dog training instructor; (4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; (5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and (6) agrees to provide any follow-up training support specified in subsection (e)(2), as applicable. (e) Adoption of Dog.-- (1) <<NOTE: Consultation. (2) Follow-up training support.--If a veteran adopts a dog under paragraph (1), the entity that provided the canine training with respect to the dog under the pilot program shall provide follow-up training support for the life of the dog. Such support shall include the provision of a contact plan between the veteran and the entity that enables the veteran to seek and receive assistance from the entity to ensure the dog is being properly cared for. (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. (g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination.>> whether participation in the pilot program resulted in any clinically relevant improvements for such veterans, as determined by the health care provider or clinical team that referred the veteran to participate in the pilot program; and (D) such other factors as the Secretary may determine appropriate; and (2) establish processes to document and track the progress of such veterans under the pilot program with respect to health benefits and improvements. 331]] (2) the feasibility and advisability of expanding the pilot program to address mental health conditions other than PTSD. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the date of the commencement of the pilot program under subsection (a), the Comptroller General of the United States shall provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the methodology established for the pilot program. (2) Report.--Not later than 270 days after the date on which the pilot program terminates, the Comptroller General shall submit to the committees specified in paragraph (1) a report on the pilot program. <<NOTE: Evaluation.>> Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) assisting veterans with PTSD; and (B) measuring relevant metrics, such as reduction in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. (j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). (3) The term ``service dog training instructor'' means an instructor who provides the direct training of veterans with PTSD in the art and science of service dog training and handling. SEC. 3. PROVISION OF SERVICE DOGS AND VETERINARY INSURANCE BENEFITS TO VETERANS WITH POST-TRAUMATIC STRESS DISORDER WHO DO NOT HAVE CERTAIN IMPAIRMENTS. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. Approved August 25, 2021. LEGISLATIVE HISTORY--H.R. 1448: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-31 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 167 (2021): May 12, considered and passed House. Aug. 5, considered and passed Senate.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. (b) Duration; Medical Centers.-- (1) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a 5-year period beginning on the date of the commencement of the pilot program. ( >> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). ( 330]] such pilot program at any time during such participation without the supervision of a certified service dog training instructor; (4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; (5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and (6) agrees to provide any follow-up training support specified in subsection (e)(2), as applicable. ( >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline. j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). (2) The term ``eligible veteran'' means a veteran who-- (A) is enrolled in the patient enrollment system in the Department of Veterans Affairs under section 1705 of title 38, United States Code; and (B) has been recommended for participation in the pilot program under subsection (a) by a qualified mental health care provider or clinical team based on medical judgment that the veteran may benefit from such participation with respect to the diagnosed PTSD of the veteran. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1714 note. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. ( (d) Required Conditions.--The Secretary shall include in any agreement under subsection (c) conditions requiring that the nongovernmental entity seeking to enter into the agreement-- (1) <<NOTE: Certification. >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. >> Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) assisting veterans with PTSD; and (B) measuring relevant metrics, such as reduction in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1714 note. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. ( (d) Required Conditions.--The Secretary shall include in any agreement under subsection (c) conditions requiring that the nongovernmental entity seeking to enter into the agreement-- (1) <<NOTE: Certification. >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. >> Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) assisting veterans with PTSD; and (B) measuring relevant metrics, such as reduction in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. (b) Duration; Medical Centers.-- (1) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a 5-year period beginning on the date of the commencement of the pilot program. ( >> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). ( 330]] such pilot program at any time during such participation without the supervision of a certified service dog training instructor; (4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; (5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and (6) agrees to provide any follow-up training support specified in subsection (e)(2), as applicable. ( >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline. j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). (2) The term ``eligible veteran'' means a veteran who-- (A) is enrolled in the patient enrollment system in the Department of Veterans Affairs under section 1705 of title 38, United States Code; and (B) has been recommended for participation in the pilot program under subsection (a) by a qualified mental health care provider or clinical team based on medical judgment that the veteran may benefit from such participation with respect to the diagnosed PTSD of the veteran. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1714 note. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. ( (d) Required Conditions.--The Secretary shall include in any agreement under subsection (c) conditions requiring that the nongovernmental entity seeking to enter into the agreement-- (1) <<NOTE: Certification. >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. >> Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) assisting veterans with PTSD; and (B) measuring relevant metrics, such as reduction in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. (b) Duration; Medical Centers.-- (1) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a 5-year period beginning on the date of the commencement of the pilot program. ( >> Agreements With Entities.--In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into agreements with nongovernmental entities that the Secretary determines have the demonstrated ability to provide the canine training specified in subsection (a). ( 330]] such pilot program at any time during such participation without the supervision of a certified service dog training instructor; (4) agrees to ensure that veterans participating in such pilot program receive training in skills unique to the needs of the veteran to address or alleviate PTSD symptoms of the veteran; (5) agrees not to use shock collars or prong collars as training tools and to use positive reinforcement training; and (6) agrees to provide any follow-up training support specified in subsection (e)(2), as applicable. ( >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. (i) GAO Briefing and Study.-- (1) <<NOTE: Deadline. j) Definitions.--In this section: (1) The term ``accredited service dog training organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) provides service dogs to veterans with PTSD; and (B) is accredited by an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs (as determined by the Secretary). (2) The term ``eligible veteran'' means a veteran who-- (A) is enrolled in the patient enrollment system in the Department of Veterans Affairs under section 1705 of title 38, United States Code; and (B) has been recommended for participation in the pilot program under subsection (a) by a qualified mental health care provider or clinical team based on medical judgment that the veteran may benefit from such participation with respect to the diagnosed PTSD of the veteran. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1714 note. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. ( (d) Required Conditions.--The Secretary shall include in any agreement under subsection (c) conditions requiring that the nongovernmental entity seeking to enter into the agreement-- (1) <<NOTE: Certification. >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( (f) Eligibility for Other Care and Treatment.--Participation in the pilot program under subsection (a) may not preclude a veteran from receiving any other medical care or treatment for PTSD furnished by the Department, including therapy, for which the veteran is otherwise eligible. ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. >> Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) assisting veterans with PTSD; and (B) measuring relevant metrics, such as reduction in scores under the Clinician Administered PTSD Scale (CAPS), improvement in psychosocial function, and therapeutic compliance. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. ( ( >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. ( (2) The term ``eligible veteran'' means a veteran who-- (A) is enrolled in the patient enrollment system in the Department of Veterans Affairs under section 1705 of title 38, United States Code; and (B) has been recommended for participation in the pilot program under subsection (a) by a qualified mental health care provider or clinical team based on medical judgment that the veteran may benefit from such participation with respect to the diagnosed PTSD of the veteran. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. ( ( 332]] ``(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; ``(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and ``(C) meets such other requirements as the Secretary may prescribe.''. ( 167 (2021): May 12, considered and passed House.

[117th Congress Public Law 37] [From the U.S. Government Publishing Office] [[Page 135 STAT. >> In General.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (in this section referred to as ``PTSD'') as an element of a complementary and integrative health program for such veterans. ( ( >> In general.--A veteran who has participated in the pilot program under subsection (a) may adopt a dog that the veteran assisted in training during such pilot program if the veteran and the veteran's health provider (in consultation with the entity that provided the canine training with respect to the dog under such pilot program) determine that it is in the best interest of the veteran. ( ( g) Collection of Data.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program under subsection (a)-- (A) the number of such veterans participating; (B) the satisfaction of such veterans with the pilot program; (C) <<NOTE: Determination. ( (2) The term ``eligible veteran'' means a veteran who-- (A) is enrolled in the patient enrollment system in the Department of Veterans Affairs under section 1705 of title 38, United States Code; and (B) has been recommended for participation in the pilot program under subsection (a) by a qualified mental health care provider or clinical team based on medical judgment that the veteran may benefit from such participation with respect to the diagnosed PTSD of the veteran. ( a) In General.--Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment.

Puppies Assisting Wounded Servicememembers for Veterans Therapy Act or the PAWS for Veterans Treatment Act - Directs the Secretary of Veterans Affairs (VA) to commence a five-year pilot program to provide canine training to eligible veterans diagnosed with post-traumatic stress disorder (PTSD) as an element of a complementary and integrative health program for Directs the Comptroller General to report to specified congressional committees on the pilot program. (Sec. 3) Authorizes the Secretary of Veterans Affairs (VA) to provide a service dog to a veteran regardless of whether the veteran has a mobility impairment. Requires the Secretary to provide to any such veteran a commercially available veterinary insurance policy for each dog provided to such veteran. Requires such policy to

H.R.6617

Economics and Public Finance

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

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

Further Additional Extending Government Funding Act

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

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

Rep. DeLauro, Rosa L.

D

CT

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

SHORT TITLE. This Act may be cited as the ``Further Additional Extending Government Funding Act''. TABLE OF CONTENTS. 2. References. 3. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022.>> FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 Sec. 164. (a) Notwithstanding sections 101 and 106 of this Act, for the duration of fiscal year 2022, amounts made available in fiscal year 2022 to the Department of Defense under the heading `Operation and Maintenance', other than amounts designated by [[Page 136 STAT. ``(b) In addition to amounts otherwise provided by this Act, there is appropriated to the Department of Defense $250,000,000, for an additional amount for fiscal year 2022, for necessary expenses to address drinking water contamination at the Red Hill Bulk Fuel Storage Facility in Hawaii, for the accounts and in the amounts specified: `` `Military Personnel, Army', $33,263,000, to remain available until September 30, 2022; `` `Military Personnel, Navy', $91,327,000, to remain available until September 30, 2022; `` `Military Personnel, Marine Corps', $5,206,000, to remain available until September 30, 2022; `` `Military Personnel, Air Force', $27,564,000, to remain available until September 30, 2022; `` `Operation and Maintenance, Army', $22,640,000, to remain available until September 30, 2022; and `` `Operation and Maintenance, Navy', $70,000,000, to remain available until September 30, 2022. Recommenda- tions. Assessment. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. Reports.>> That not later than 60 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2023, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. 166. 1101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. 1102. 1103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. Effective <<NOTE: Effective date.>> as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116-114), section 2 of such Act (as amended by Public Law 117-70) <<NOTE: 135 Stat. 1104. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. 1201. BUDGETARY EFFECTS. 18]] (b) Senate PAYGO Scorecards.--The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). Approved February 18, 2022. LEGISLATIVE HISTORY--H.R. 6617: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Feb. 8, considered and passed House. Feb. 17, considered and passed Senate.

SHORT TITLE. This Act may be cited as the ``Further Additional Extending Government Funding Act''. TABLE OF CONTENTS. 2. References. 3. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022.>> FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 Sec. (a) Notwithstanding sections 101 and 106 of this Act, for the duration of fiscal year 2022, amounts made available in fiscal year 2022 to the Department of Defense under the heading `Operation and Maintenance', other than amounts designated by [[Page 136 STAT. ``(b) In addition to amounts otherwise provided by this Act, there is appropriated to the Department of Defense $250,000,000, for an additional amount for fiscal year 2022, for necessary expenses to address drinking water contamination at the Red Hill Bulk Fuel Storage Facility in Hawaii, for the accounts and in the amounts specified: `` `Military Personnel, Army', $33,263,000, to remain available until September 30, 2022; `` `Military Personnel, Navy', $91,327,000, to remain available until September 30, 2022; `` `Military Personnel, Marine Corps', $5,206,000, to remain available until September 30, 2022; `` `Military Personnel, Air Force', $27,564,000, to remain available until September 30, 2022; `` `Operation and Maintenance, Army', $22,640,000, to remain available until September 30, 2022; and `` `Operation and Maintenance, Navy', $70,000,000, to remain available until September 30, 2022. Assessment. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. BUDGETARY EFFECTS. 18]] (b) Senate PAYGO Scorecards.--The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). Approved February 18, 2022. Feb. 17, considered and passed Senate.

SHORT TITLE. This Act may be cited as the ``Further Additional Extending Government Funding Act''. TABLE OF CONTENTS. 2. References. 3. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022.>> FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 Sec. 164. (a) Notwithstanding sections 101 and 106 of this Act, for the duration of fiscal year 2022, amounts made available in fiscal year 2022 to the Department of Defense under the heading `Operation and Maintenance', other than amounts designated by [[Page 136 STAT. ``(b) In addition to amounts otherwise provided by this Act, there is appropriated to the Department of Defense $250,000,000, for an additional amount for fiscal year 2022, for necessary expenses to address drinking water contamination at the Red Hill Bulk Fuel Storage Facility in Hawaii, for the accounts and in the amounts specified: `` `Military Personnel, Army', $33,263,000, to remain available until September 30, 2022; `` `Military Personnel, Navy', $91,327,000, to remain available until September 30, 2022; `` `Military Personnel, Marine Corps', $5,206,000, to remain available until September 30, 2022; `` `Military Personnel, Air Force', $27,564,000, to remain available until September 30, 2022; `` `Operation and Maintenance, Army', $22,640,000, to remain available until September 30, 2022; and `` `Operation and Maintenance, Navy', $70,000,000, to remain available until September 30, 2022. Recommenda- tions. Assessment. Analysis.>> That amounts provided in this subsection shall not be available for transfer, obligation, or expenditure until the Secretary of Defense briefs the Committees on Appropriations of the House of Representatives and Senate regarding the recommendations of the third-party assessment of the operations and system integrity of the Red Hill facility and the Department's own analysis regarding the distribution of fuel reserves for operations in the Pacific theater, as well as other activities recommended by the third-party assessment or Departmental analysis: Provided further, <<NOTE: Deadline. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. Reports.>> That not later than 60 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2023, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. 166. 1101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. 1102. 1103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. Effective <<NOTE: Effective date.>> as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116-114), section 2 of such Act (as amended by Public Law 117-70) <<NOTE: 135 Stat. 1104. (a) In General.--Section 1905(ff)(3) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. 1201. BUDGETARY EFFECTS. 18]] (b) Senate PAYGO Scorecards.--The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated-- (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. Approved February 18, 2022. LEGISLATIVE HISTORY--H.R. 6617: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Feb. 8, considered and passed House. Feb. 17, considered and passed Senate.

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

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 DIVISION B--EXTENSIONS Title I--Extensions Title II--Budgetary Effects SEC. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for `Shipbuilding and Conversion, Navy' may be apportioned up to the rate for operations necessary for `Columbia Class Submarine (AP)' in an amount not to exceed $1,601,805,000. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. >> That amounts provided in this subsection shall not be available for transfer, obligation, or expenditure until the Secretary of Defense briefs the Committees on Appropriations of the House of Representatives and Senate regarding the recommendations of the third-party assessment of the operations and system integrity of the Red Hill facility and the Department's own analysis regarding the distribution of fuel reserves for operations in the Pacific theater, as well as other activities recommended by the third-party assessment or Departmental analysis: Provided further, <<NOTE: Deadline. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. Amounts made available by section 101 to the Department of the Interior under the heading `Working Capital Fund' may be apportioned up to the rate for operations necessary to implement enterprise cybersecurity safeguards.''. Effective <<NOTE: Effective date. b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is further amended-- (1) <<NOTE: 135 Stat. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. This division may be cited as the ``Further Additional Continuing Appropriations Act, 2022''. DIVISION B--EXTENSIONS TITLE I--EXTENSIONS SEC. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is further amended-- (1) <<NOTE: 135 Stat. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. This division may be cited as the ``Further Additional Continuing Appropriations Act, 2022''. DIVISION B--EXTENSIONS TITLE I--EXTENSIONS SEC. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 DIVISION B--EXTENSIONS Title I--Extensions Title II--Budgetary Effects SEC. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for `Shipbuilding and Conversion, Navy' may be apportioned up to the rate for operations necessary for `Columbia Class Submarine (AP)' in an amount not to exceed $1,601,805,000. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. >> That amounts provided in this subsection shall not be available for transfer, obligation, or expenditure until the Secretary of Defense briefs the Committees on Appropriations of the House of Representatives and Senate regarding the recommendations of the third-party assessment of the operations and system integrity of the Red Hill facility and the Department's own analysis regarding the distribution of fuel reserves for operations in the Pacific theater, as well as other activities recommended by the third-party assessment or Departmental analysis: Provided further, <<NOTE: Deadline. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. Amounts made available by section 101 to the Department of the Interior under the heading `Working Capital Fund' may be apportioned up to the rate for operations necessary to implement enterprise cybersecurity safeguards.''. Effective <<NOTE: Effective date. b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is further amended-- (1) <<NOTE: 135 Stat. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. This division may be cited as the ``Further Additional Continuing Appropriations Act, 2022''. DIVISION B--EXTENSIONS TITLE I--EXTENSIONS SEC. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 DIVISION B--EXTENSIONS Title I--Extensions Title II--Budgetary Effects SEC. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for `Shipbuilding and Conversion, Navy' may be apportioned up to the rate for operations necessary for `Columbia Class Submarine (AP)' in an amount not to exceed $1,601,805,000. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. >> That amounts provided in this subsection shall not be available for transfer, obligation, or expenditure until the Secretary of Defense briefs the Committees on Appropriations of the House of Representatives and Senate regarding the recommendations of the third-party assessment of the operations and system integrity of the Red Hill facility and the Department's own analysis regarding the distribution of fuel reserves for operations in the Pacific theater, as well as other activities recommended by the third-party assessment or Departmental analysis: Provided further, <<NOTE: Deadline. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. Amounts made available by section 101 to the Department of the Interior under the heading `Working Capital Fund' may be apportioned up to the rate for operations necessary to implement enterprise cybersecurity safeguards.''. Effective <<NOTE: Effective date. b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is further amended-- (1) <<NOTE: 135 Stat. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. This division may be cited as the ``Further Additional Continuing Appropriations Act, 2022''. DIVISION B--EXTENSIONS TITLE I--EXTENSIONS SEC. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 DIVISION B--EXTENSIONS Title I--Extensions Title II--Budgetary Effects SEC. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for `Shipbuilding and Conversion, Navy' may be apportioned up to the rate for operations necessary for `Columbia Class Submarine (AP)' in an amount not to exceed $1,601,805,000. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. >> That amounts provided in this subsection shall not be available for transfer, obligation, or expenditure until the Secretary of Defense briefs the Committees on Appropriations of the House of Representatives and Senate regarding the recommendations of the third-party assessment of the operations and system integrity of the Red Hill facility and the Department's own analysis regarding the distribution of fuel reserves for operations in the Pacific theater, as well as other activities recommended by the third-party assessment or Departmental analysis: Provided further, <<NOTE: Deadline. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. Amounts made available by section 101 to the Department of the Interior under the heading `Working Capital Fund' may be apportioned up to the rate for operations necessary to implement enterprise cybersecurity safeguards.''. Effective <<NOTE: Effective date. b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is further amended-- (1) <<NOTE: 135 Stat. >> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(c) <<NOTE: Transfer authority. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. This division may be cited as the ``Further Additional Continuing Appropriations Act, 2022''. DIVISION B--EXTENSIONS TITLE I--EXTENSIONS SEC. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. Approved February 18, 2022. Feb. 17, considered and passed Senate.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. >> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. Approved February 18, 2022.

Further Additional Extending Government Funding Act - Amends the Continuing Appropriations Act, 2022 to: (1) extend through FY2022 appropriations for the Department of Defense (DOD) for operations necessary for the Columbia Class Submarine (AP); and (2) authorize the concurrent resolution on the budget for FY22 to be used for emergencies and extraordinary expenses, in addition to any other funds Further Additional Continuing Appropriations Act, 2022 - Amends title XVIII (Medicare) of the Social Security Act, the Public Health Service Act, and the Internal Revenue Code to extend through March 11, 2022: (1) the authority to make appointments for the National Disaster Medical System (NDSM); and (2) the temporary reauthorization and study of the Emergency Scheduling

S.4844

Health

National Nursing Workforce Center Act of 2022 This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. Be it enacted by the Senate 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 Nursing Workforce Center Act of 2022''. SEC. 2. STATE NURSING WORKFORCE CENTERS. Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 295j et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(a) In General.--The Secretary shall carry out a 3-year pilot program to establish new or enhance existing State-based nursing workforce centers, evaluate the impact of State-based nursing workforce centers on outcomes, and assess the feasibility of nursing workforce public-private partnerships. The Secretary shall begin implementation of such pilot program not later than 1 year after the date of enactment of the National Nursing Workforce Center Act of 2022. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(2) Term.--The term of a grant awarded under the pilot program under subsection (a) shall be 3 years. ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(d) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among-- ``(1) the geographical regions of the United States; and ``(2) States with an existing nursing workforce center and States without any such existing center. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(f) Use of Funds.--A nursing workforce center supported under this section may use funds provided under this section for the following statewide activities: ``(1) Conducting comprehensive analysis of and research on-- ``(A) existing State nursing workforce data and gaps in such data; ``(B) 2- and 4-year nursing education programs, including with respect to-- ``(i) faculty capacity and pay; ``(ii) enrollment, retention, and graduation; ``(iii) services for nursing students and the outcomes of such services; ``(iv) facility needs; and ``(v) clinical placement capacity; ``(C) State-specific scholarships, grants, and financial aid; and ``(D) factors contributing to retention and recruitment challenges and to nurses leaving the workplace or profession. ``(2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. Each such report shall include-- ``(1) a description of initiatives to study the unique characteristics of State nursing workforces, and efforts to increase the number of new nurses, recruit nurses to the nursing profession, and retain nurses in the workplace; ``(2) impact data on nurses served by nursing workforce centers, including demographic information of the individuals served, the number of such individuals, and the types of services provided; ``(3) the effectiveness of establishing formal public- private relationships at understanding the national nursing workforce through improved data collection and standardization; ``(4) data on continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; and ``(5) the Secretary's recommendations and best practices for-- ``(A) reducing shortages among different nursing specialties; ``(B) reducing shortages in rural and underserved areas; ``(C) improving geographical distribution of the nursing workforce; and ``(D) reducing shortages among different types of nursing employers. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. SEC. 3. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. (a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. 294n(c)) is amended by adding at the end the following: ``(3) Minimum requirement.--At least one grant or contract awarded under this subsection shall be awarded to an eligible entity that demonstrates-- ``(A) a mission to advance and support the nursing workforce; ``(B) experience and expertise in guiding State- level nursing workforce centers; ``(C) experience in working with nursing workforce data; ``(D) expertise in analytical methods and tools appropriate for nursing workforce research; and ``(E) awareness of emerging topics, issues, and trends related to the nursing workforce. ``(4) Analysis and reporting.--Analysis and reporting carried out pursuant to a grant or contract under this subsection may include-- ``(A) collaborating with nursing workforce centers to produce or deliver, with respect to the supply of nurses, the demand for nurses, and the capacity to educate and train the nursing workforce-- ``(i) regional and national reports; ``(ii) articles in peer-reviewed journals; ``(iii) presentations at national and international conferences and meetings; and ``(iv) policy briefs, fact sheets, articles, blogs, and other publications available in the public domain; ``(B) evaluating the programs and activities of the nursing workforce centers overall; ``(C) developing evidence-based or evidence- informed strategies and best practices to alleviate nursing workforce shortages across States and regions; and ``(D) conducting rapid data analysis and short- term, issue-specific research. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to paragraph (1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources. ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''. <all>

National Nursing Workforce Center Act of 2022

A bill to amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes.

National Nursing Workforce Center Act of 2022

Sen. Merkley, Jeff

D

OR

This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.

SHORT TITLE. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). Such contributions may be made directly or through donations from public or private entities. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. SEC. 3. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to paragraph (1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources.

SHORT TITLE. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). Such contributions may be made directly or through donations from public or private entities. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. SEC. 3. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nursing Workforce Center Act of 2022''. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. ``(d) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among-- ``(1) the geographical regions of the United States; and ``(2) States with an existing nursing workforce center and States without any such existing center. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. SEC. 3. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to paragraph (1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources.

Be it enacted by the Senate 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 Nursing Workforce Center Act of 2022''. 2. STATE NURSING WORKFORCE CENTERS. 292 et seq.) as part H; and (2) by inserting after part F the following new part: ``PART G--NURSING WORKFORCE CENTERS ``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION PILOT PROGRAM. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. ``(d) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among-- ``(1) the geographical regions of the United States; and ``(2) States with an existing nursing workforce center and States without any such existing center. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(f) Use of Funds.--A nursing workforce center supported under this section may use funds provided under this section for the following statewide activities: ``(1) Conducting comprehensive analysis of and research on-- ``(A) existing State nursing workforce data and gaps in such data; ``(B) 2- and 4-year nursing education programs, including with respect to-- ``(i) faculty capacity and pay; ``(ii) enrollment, retention, and graduation; ``(iii) services for nursing students and the outcomes of such services; ``(iv) facility needs; and ``(v) clinical placement capacity; ``(C) State-specific scholarships, grants, and financial aid; and ``(D) factors contributing to retention and recruitment challenges and to nurses leaving the workplace or profession. ``(2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(4) Establishing and implementing programs to-- ``(A) support and retain faculty to increase enrollment in schools of nursing; ``(B) recruit and retain nurses in all settings where nurses practice; ``(C) support leadership development; ``(D) prepare the nursing workforce to address social determinants of health and health inequities; ``(E) prepare nurses for public health crisis and pandemic response; ``(F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and ``(G) diversify the nursing workforce. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. Each such report shall include-- ``(1) a description of initiatives to study the unique characteristics of State nursing workforces, and efforts to increase the number of new nurses, recruit nurses to the nursing profession, and retain nurses in the workplace; ``(2) impact data on nurses served by nursing workforce centers, including demographic information of the individuals served, the number of such individuals, and the types of services provided; ``(3) the effectiveness of establishing formal public- private relationships at understanding the national nursing workforce through improved data collection and standardization; ``(4) data on continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; and ``(5) the Secretary's recommendations and best practices for-- ``(A) reducing shortages among different nursing specialties; ``(B) reducing shortages in rural and underserved areas; ``(C) improving geographical distribution of the nursing workforce; and ``(D) reducing shortages among different types of nursing employers. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. SEC. 3. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. (b) Analysis and Technical Assistance.--Section 761(c) of the Public Health Service Act (42 U.S.C. ``(5) Technical assistance.--Technical assistance provided pursuant to this subsection may include-- ``(A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to paragraph (1); ``(B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence- informed strategies to alleviate nursing shortages and the maldistribution of nurses; ``(C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and ``(D) developing and maintaining a website that-- ``(i) is accessible to grant and contract recipients under section 785 and this section; ``(ii) supports resources for the provision of technical assistance under this section, such as-- ``(I) evidence-based or evidence- informed educational materials, tools, recent findings of interest, and links to relevant resources; and ``(II) logistical and administrative information, such as online trainings, webinars, and publications; and ``(iii) includes a publicly accessible repository of webinars, tools, and resources.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(3) Matching requirement.--As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non- Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. ``(h) Authorization of Appropriations.--To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025.''. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. STATE NURSING WORKFORCE CENTERS. ``(b) Grant Terms.-- ``(1) Number of grants awarded.--The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(g) Reports.--Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by striking ``under this title'' and inserting ``under this Act''. ( ``(6) Definition.--In this subsection, the term `nursing workforce center' means a nursing workforce center funded under section 785.''.

To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. ``(c) Eligibility.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State agency; ``(2) a State board of nursing; ``(3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; ``(4) a community-based organization; ``(5) a school of nursing (as defined in section 801); or ``(6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. ``(e) Priority.--In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that-- ``(1) propose to provide statewide services; ``(2) have expertise in the State's nursing workforce issues; ``(3) have a history of convening entities to address nursing workforce issues; and ``(4) have partnerships with entities that traditionally educate and employ the State's nurses. ``(3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing.

National Nursing Workforce Center Act of 2022 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to carry out a three-year pilot program to establish new or enhance existing state-based nursing workforce centers, evaluate the impact of such centers on outcomes, and assess the feasibility of nursing workforce public-private partnerships. HHS shall award up Amends the Public Health Service Act to authorize appropriations for FY2023 through 2025 for grants and contracts to state and regional nursing workforce centers for health workforce analysis. (Currently, such grants are awarded to state-level nursing workforce organizations.) (Sec. 3) Requires at least one grant or contract to be awarded to an eligible entity that demonstrates: (1) a mission to advance and

H.R.6783

Health

Autism Family Caregivers Act of 2022 This bill establishes a pilot program to provide training for caregivers on improving health and other outcomes for children with autism spectrum disorder and other developmental disabilities or delays. To carry out the program, the Health Resources and Services Administration (HRSA) must award grants to, among other eligible entities, health systems and nonprofits to provide the training. HRSA must also establish a national center to provide technical assistance to grant recipients and to evaluate the program.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. SEC. 2. CAREGIVER SKILLS TRAINING PILOT PROGRAM. (a) Authorization.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program, to be known as the Caregiver Skills Training Pilot Program, under which the Secretary shall award grants to eligible entities to provide evidence-based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder or other developmental disabilities or delays, for the purposes of-- (1) improving the health outcomes and quality of life of such children and their caregivers; and (2) teaching caregivers of such children evidenced-based intervention strategies to promote-- (A) improvement in the mental and physical well- being of such children and their caregivers; and (B) the greater inclusion of such children in family and community life. (b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (c) Application.--To seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes-- (1) a description of-- (A) the applicant's experience delivering evidence- based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for-- (A) coordination with community-based organizations, State and local early intervention providers, Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; and (D) achieving sustainability of such program. (d) Selection of Grantees.-- (1) Selection criteria.--In awarding a grant to an eligible entity or a collaboration or consortium of 2 or more entities described in subsection (b), the Secretary shall require at least one of the recipients to-- (A) have at least 3 years of demonstrated experience-- (i) delivering evidence-based, culturally competent caregivers skills training programs described in subsection (a), including in medically underserved communities; (ii) providing services to children with autism spectrum disorder or other developmental delays and disabilities, as well as collaborating directly with their families; (iii) providing individual caregiver coaching as part of skills training to caregivers of children with autism spectrum disorder or other developmental delays and disabilities; and (iv) working with self-advocates or adults with autism spectrum disorder or other developmental delays and disabilities; and (B) demonstrate the ability to access resources from and collaborate with-- (i) health care providers; (ii) allied health professionals; (iii) educators; (iv) social workers; and (v) nonprofessional family caregivers who assist with daily living and developmental activities, including for children with autism spectrum disorder or other developmental delays and disabilities. (2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of Funds.--The recipient of a grant under this section shall use the grant to provide-- (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorders or other developmental delays and disabilities; and (2) such training in areas related to children's learning and development, including-- (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. (f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (2) Amount.--The total amount of each grant awarded under subsection (a) shall be not less than $500,000 over a 5-year period. (g) Supplement Not Supplant.--Amounts made available to carry out this section shall be in addition to amounts made available to provide for-- (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); or (3) adaptations of a training program using evidence-based approaches to serve children of different ages, communities, and underrepresented groups. (h) Caregiver Skills Training National Technical Assistance and Evaluation Center.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish and operate a center, to be known as the Caregiver Skills Training National Technical Assistance and Evaluation Center, to-- (1) assist recipients of grants under subsection (a) in the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or supported by the Health Resources and Services Administration; (2) assist such grant recipients in ensuring their programs assist medically underserved communities, when possible; (3) assist such grant recipients in developing plans for achieving sustainability of their programs; (4) collect and report on the effectiveness of practices adopted pursuant to grants under subsection (a); (5) conduct an annual evaluation of activities funded through grants under subsection (a), in consultation with the grant recipients, including evaluation of the effectiveness of such grants at improving health outcomes and quality of life for children with autism spectrum disorder or other developmental delays and disabilities and their family caregivers; (6) convene national or regional meetings of such grant recipients to discuss best practices; and (7) provide other assistance as needed to improve or carry out the program under this section. (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. Such report shall include-- (A) how many grants have been awarded; (B) the name and location of the grant recipients; (C) the communities impacted by the grants; (D) a description of the kind of activities to be carried out with the grants; (E) an analysis, conducted by the Caregiver Skills Training National Technical Assistance and Evaluation Center in consultation with the recipients of grants under subsection (a), of the effectiveness of such grants at improving health outcomes and quality of life for children with autism or other developmental disabilities or delays and their family caregivers; and (F) best practices, developed in consultation with the Caregiver Skills Training National Technical Assistance and Evaluation Center, to increase access to caregiver skills training programs described in subsection (a) in medically underserved communities. (2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. (j) Definitions.--In this section: (1) The term ``family caregiver'' means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, a child between the ages of 0 and 9 diagnosed with autism spectrum disorder or other developmental disabilities or delays. (2) The term ``Federally qualified health center'' has the meaning given the term in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)). (3) The term ``Secretary'' means the Secretary of Health and Human Services. (k) Authorization of Appropriations.-- (1) In general.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027. (2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center. <all>

Autism Family Caregivers Act of 2022

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes.

Autism Family Caregivers Act of 2022

Rep. Meng, Grace

D

NY

This bill establishes a pilot program to provide training for caregivers on improving health and other outcomes for children with autism spectrum disorder and other developmental disabilities or delays. To carry out the program, the Health Resources and Services Administration (HRSA) must award grants to, among other eligible entities, health systems and nonprofits to provide the training. HRSA must also establish a national center to provide technical assistance to grant recipients and to evaluate the program.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. SHORT TITLE. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. SEC. 2. CAREGIVER SKILLS TRAINING PILOT PROGRAM. (c) Application.--To seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes-- (1) a description of-- (A) the applicant's experience delivering evidence- based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for-- (A) coordination with community-based organizations, State and local early intervention providers, Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; and (D) achieving sustainability of such program. (f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (g) Supplement Not Supplant.--Amounts made available to carry out this section shall be in addition to amounts made available to provide for-- (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. 1395x(aa)). (3) The term ``Secretary'' means the Secretary of Health and Human Services. (2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. SHORT TITLE. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. SEC. 2. CAREGIVER SKILLS TRAINING PILOT PROGRAM. (c) Application.--To seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes-- (1) a description of-- (A) the applicant's experience delivering evidence- based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for-- (A) coordination with community-based organizations, State and local early intervention providers, Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; and (D) achieving sustainability of such program. (f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. 1400 et seq. (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. 1395x(aa)). (3) The term ``Secretary'' means the Secretary of Health and Human Services. (2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. SHORT TITLE. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. SEC. 2. CAREGIVER SKILLS TRAINING PILOT PROGRAM. (c) Application.--To seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes-- (1) a description of-- (A) the applicant's experience delivering evidence- based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for-- (A) coordination with community-based organizations, State and local early intervention providers, Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; and (D) achieving sustainability of such program. (f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (g) Supplement Not Supplant.--Amounts made available to carry out this section shall be in addition to amounts made available to provide for-- (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. ); or (3) adaptations of a training program using evidence-based approaches to serve children of different ages, communities, and underrepresented groups. (h) Caregiver Skills Training National Technical Assistance and Evaluation Center.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish and operate a center, to be known as the Caregiver Skills Training National Technical Assistance and Evaluation Center, to-- (1) assist recipients of grants under subsection (a) in the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or supported by the Health Resources and Services Administration; (2) assist such grant recipients in ensuring their programs assist medically underserved communities, when possible; (3) assist such grant recipients in developing plans for achieving sustainability of their programs; (4) collect and report on the effectiveness of practices adopted pursuant to grants under subsection (a); (5) conduct an annual evaluation of activities funded through grants under subsection (a), in consultation with the grant recipients, including evaluation of the effectiveness of such grants at improving health outcomes and quality of life for children with autism spectrum disorder or other developmental delays and disabilities and their family caregivers; (6) convene national or regional meetings of such grant recipients to discuss best practices; and (7) provide other assistance as needed to improve or carry out the program under this section. (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. (2) The term ``Federally qualified health center'' has the meaning given the term in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)). (3) The term ``Secretary'' means the Secretary of Health and Human Services. (k) Authorization of Appropriations.-- (1) In general.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027. (2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. SEC. 2. CAREGIVER SKILLS TRAINING PILOT PROGRAM. (c) Application.--To seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes-- (1) a description of-- (A) the applicant's experience delivering evidence- based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for-- (A) coordination with community-based organizations, State and local early intervention providers, Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; and (D) achieving sustainability of such program. (d) Selection of Grantees.-- (1) Selection criteria.--In awarding a grant to an eligible entity or a collaboration or consortium of 2 or more entities described in subsection (b), the Secretary shall require at least one of the recipients to-- (A) have at least 3 years of demonstrated experience-- (i) delivering evidence-based, culturally competent caregivers skills training programs described in subsection (a), including in medically underserved communities; (ii) providing services to children with autism spectrum disorder or other developmental delays and disabilities, as well as collaborating directly with their families; (iii) providing individual caregiver coaching as part of skills training to caregivers of children with autism spectrum disorder or other developmental delays and disabilities; and (iv) working with self-advocates or adults with autism spectrum disorder or other developmental delays and disabilities; and (B) demonstrate the ability to access resources from and collaborate with-- (i) health care providers; (ii) allied health professionals; (iii) educators; (iv) social workers; and (v) nonprofessional family caregivers who assist with daily living and developmental activities, including for children with autism spectrum disorder or other developmental delays and disabilities. (e) Use of Funds.--The recipient of a grant under this section shall use the grant to provide-- (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorders or other developmental delays and disabilities; and (2) such training in areas related to children's learning and development, including-- (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. (f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (2) Amount.--The total amount of each grant awarded under subsection (a) shall be not less than $500,000 over a 5-year period. (g) Supplement Not Supplant.--Amounts made available to carry out this section shall be in addition to amounts made available to provide for-- (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. ); or (3) adaptations of a training program using evidence-based approaches to serve children of different ages, communities, and underrepresented groups. (h) Caregiver Skills Training National Technical Assistance and Evaluation Center.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish and operate a center, to be known as the Caregiver Skills Training National Technical Assistance and Evaluation Center, to-- (1) assist recipients of grants under subsection (a) in the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or supported by the Health Resources and Services Administration; (2) assist such grant recipients in ensuring their programs assist medically underserved communities, when possible; (3) assist such grant recipients in developing plans for achieving sustainability of their programs; (4) collect and report on the effectiveness of practices adopted pursuant to grants under subsection (a); (5) conduct an annual evaluation of activities funded through grants under subsection (a), in consultation with the grant recipients, including evaluation of the effectiveness of such grants at improving health outcomes and quality of life for children with autism spectrum disorder or other developmental delays and disabilities and their family caregivers; (6) convene national or regional meetings of such grant recipients to discuss best practices; and (7) provide other assistance as needed to improve or carry out the program under this section. (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. (2) The term ``Federally qualified health center'' has the meaning given the term in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)). (3) The term ``Secretary'' means the Secretary of Health and Human Services. (k) Authorization of Appropriations.-- (1) In general.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027. (2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. (b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). ( 2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of Funds.--The recipient of a grant under this section shall use the grant to provide-- (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorders or other developmental delays and disabilities; and (2) such training in areas related to children's learning and development, including-- (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. (2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. 2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. 2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. (b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). ( 2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of Funds.--The recipient of a grant under this section shall use the grant to provide-- (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorders or other developmental delays and disabilities; and (2) such training in areas related to children's learning and development, including-- (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. (2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. 2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. (b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). ( 2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of Funds.--The recipient of a grant under this section shall use the grant to provide-- (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorders or other developmental delays and disabilities; and (2) such training in areas related to children's learning and development, including-- (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. (2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. 2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. This Act may be cited as the ``Autism Family Caregivers Act of 2022''. (b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). ( 2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of Funds.--The recipient of a grant under this section shall use the grant to provide-- (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorders or other developmental delays and disabilities; and (2) such training in areas related to children's learning and development, including-- (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. (2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. b) Eligibility.--To be eligible to receive an award under subsection (a), an entity shall be-- (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (2) Reducing disparities.--In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregivers skills training programs for children with autism spectrum disorder or other developmental delays and disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. 2) Final report.--Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including-- (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. ( 2) Allocation for center.--Of the amount authorized by paragraph (1) to be appropriated to carry out this section for a fiscal year, $450,000 shall be for establishing or operating the Caregiver Skills Training National Technical Assistance and Evaluation Center.

To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. e) Use of Funds.--The recipient of a grant under this section shall use the grant to provide-- (1) evidence-based caregiver skills training to caregivers of children with autism spectrum disorders or other developmental delays and disabilities; and (2) such training in areas related to children's learning and development, including-- (A) communication skills; (B) social engagement; (C) daily living skills; and (D) caregiver response strategies to aggressive behavior. ( f) Requirements.-- (1) Number of recipients and states.--The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. ( (i) Reports.-- (1) Initial report.--Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. (

Autism Family Caregivers Act of 2022 - Directs the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to carry out the Caregiver Skills Training Pilot Program under which the Secretary shall award grants to eligible entities to provide evidence-based caregiver skills training to caregivers, including family caregivers, of children with autism spectrum Directs the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to establish and operate the Caregiver Skills Training National Technical Assistance and Evaluation Center to: (1) assist recipients of grants under this Act in the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or

H.R.3332

Housing and Community Development

Manufactured Housing Community Preservation Act of 2021 This bill requires the Department of Housing and Urban Development to award grants to nonprofit organizations, public housing agencies, and other entities for the preservation of manufactured housing communities. Such funds may be used to (1) acquire and preserve manufactured housing communities; (2) make improvements to common areas and community property in such communities; and (3) demolish, remove, and replace dilapidated homes in such communities. A grantee that uses funds to acquire a manufactured housing community must agree to maintain the community for at least 20 years.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufactured Housing Community Preservation Act of 2021''. SEC. 2. GRANT PROGRAM FOR MANUFACTURED HOUSING PRESERVATION. (a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. (b) Eligible Entities.--A grant under this section may be made only to entities that meet such requirements as the Secretary shall establish to ensure that any entity receiving a grant has the capacity to acquire and preserve housing affordability in such communities, including-- (1) a nonprofit organization, including land trusts; (2) a public housing agency or other State or local government agency; (3) an Indian tribe (as such term is defined in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103)) or an agency of an Indian tribe; (4) a resident organization in which homeowners are members and have open and equal access to membership; or (5) such other entities as the Secretary determines will maintain housing affordability in manufactured housing communities. (c) Use of Grant Amounts.--Amounts from a grant under this section may be used only for-- (1) the acquisition and preservation of manufactured housing communities; (2) such acquisition and preservation, together with costs for making improvements to common areas and community property for acquired manufactured housing communities; or (3) the demolition, removal, and replacement of dilapidated homes from a manufactured housing community. (d) Preservation; Affordability; Ownership.--A grant under this section may be made only if the Secretary determines that the grantee will enter into such binding agreements as the Secretary considers sufficient to ensure that-- (1) the manufactured housing community acquired using such grant amounts-- (A) will be maintained as a manufactured housing community for a period that begins upon the making of such grant and has a duration not shorter than 20 years; (B) will be managed in a manner that benefits the residents and maintains their quality of life for a period not shorter than 20 years; (C) will, for a period not shorter than 20 years, be subject to limitations on annual increases in rents and other required costs for lots for manufactured homes in such community either through resident control over increases or, if owned by a party other than the residents, as the Secretary considers appropriate to ensure continued affordability and maintenance of the property, but not in any case annually to exceed the percentage that is equal to the percentage increase for the immediately preceding year in the Consumer Price Index for All Urban Consumers (CPI-U) plus 7 percent, and such rents will comply with any applicable State laws; (D) will be owned by an entity described in subsection (b) for a period not shorter than 20 years; and (E) has not been the primary beneficiary of a grant under this section during the preceding 5 years; and (2) if in the determination of the Secretary the provisions of the agreement have not been met, the grant shall be repaid. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. (f) Matching Funds.--The Secretary shall require a grantee of grant under this section to provide non-Federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. (g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. The Secretary shall accept applications on a rolling basis and approve or deny each application within 20 business days of receipt in order to facilitate market-based transactions by an applicant. (2) Selection.--The Secretary shall establish criteria for selection of applicants to receive grants under this section, which criteria shall-- (A) give priority to grantees who would use such grant amounts to carry out activities under subsection (c) within areas having a high concentration of low-, very low-, or extremely low-income families (as such terms are defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))); (B) give priority to grants for the benefit of communities that have not received a grant under this section during the preceding 10 years; and (C) ensure that not more than 40 percent of grant funds for any fiscal year are awarded to entities identified in subsection (b)(5). (h) Reports.-- (1) In general.--The Secretary shall submit a report annually regarding the grant program under this section to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and shall make each such report publicly available on the website of the Department of Housing and Urban Development. The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). (2) Contents.--Each such report shall include, for the fiscal year covered by the report-- (A) a description of the grants made under the program, including identification of what type of eligible entity under subsection (b) each grantee is; (B) for each manufactured home community for which a grant under this section is made, identification of-- (i) the number of manufactured home units in the community at the time of the grant; (ii) the lot rents in the community at such time; and (iii) if a manufactured home community was purchased using grant amounts, the purchase price of the community; (C) summary information identifying the total applications received for grants under this section and total grant funding sought, disaggregated by the types of eligible entities under subsection (b) of the applicants; and (D) an analysis of the effectiveness of the program, including identification of changes to the number of units and lot rents in communities for which a grant was made, any significant upgrades made to the communities, demographic changes in communities, and, if any community is sold during the period covered under subsection (d), the sale price of the community. (i) Definitions.--For purposes of this section, the following definitions shall apply: (1) Manufactured home.--The term ``manufactured home'' means a structure, transportable in one or more sections, that-- (A) in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site is 320 square feet or more; (B) is built on a permanent chassis and designed to be used as a dwelling (with or without a permanent foundation when connected to required utilities) and includes plumbing, heating, air conditioning, and electrical systems; and (C) in the case of a structure manufactured after June 15, 1976, is certified as meeting the Manufactured Home Construction and Safety Standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (j) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section $100,000,000 for each of fiscal years 2022 through 2026, of which not more than 5 percent may be used for administration and oversight. (k) Regulations.--The Secretary shall issue any regulations necessary to carry out this section. <all>

Manufactured Housing Community Preservation Act of 2021

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes.

Manufactured Housing Community Preservation Act of 2021

Rep. Axne, Cynthia

D

IA

This bill requires the Department of Housing and Urban Development to award grants to nonprofit organizations, public housing agencies, and other entities for the preservation of manufactured housing communities. Such funds may be used to (1) acquire and preserve manufactured housing communities; (2) make improvements to common areas and community property in such communities; and (3) demolish, remove, and replace dilapidated homes in such communities. A grantee that uses funds to acquire a manufactured housing community must agree to maintain the community for at least 20 years.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufactured Housing Community Preservation Act of 2021''. SEC. 2. GRANT PROGRAM FOR MANUFACTURED HOUSING PRESERVATION. 4103)) or an agency of an Indian tribe; (4) a resident organization in which homeowners are members and have open and equal access to membership; or (5) such other entities as the Secretary determines will maintain housing affordability in manufactured housing communities. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. The Secretary shall accept applications on a rolling basis and approve or deny each application within 20 business days of receipt in order to facilitate market-based transactions by an applicant. 1437a(b))); (B) give priority to grants for the benefit of communities that have not received a grant under this section during the preceding 10 years; and (C) ensure that not more than 40 percent of grant funds for any fiscal year are awarded to entities identified in subsection (b)(5). The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). (i) Definitions.--For purposes of this section, the following definitions shall apply: (1) Manufactured home.--The term ``manufactured home'' means a structure, transportable in one or more sections, that-- (A) in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site is 320 square feet or more; (B) is built on a permanent chassis and designed to be used as a dwelling (with or without a permanent foundation when connected to required utilities) and includes plumbing, heating, air conditioning, and electrical systems; and (C) in the case of a structure manufactured after June 15, 1976, is certified as meeting the Manufactured Home Construction and Safety Standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

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 ``Manufactured Housing Community Preservation Act of 2021''. 2. GRANT PROGRAM FOR MANUFACTURED HOUSING PRESERVATION. 4103)) or an agency of an Indian tribe; (4) a resident organization in which homeowners are members and have open and equal access to membership; or (5) such other entities as the Secretary determines will maintain housing affordability in manufactured housing communities. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. The Secretary shall accept applications on a rolling basis and approve or deny each application within 20 business days of receipt in order to facilitate market-based transactions by an applicant. 1437a(b))); (B) give priority to grants for the benefit of communities that have not received a grant under this section during the preceding 10 years; and (C) ensure that not more than 40 percent of grant funds for any fiscal year are awarded to entities identified in subsection (b)(5). The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufactured Housing Community Preservation Act of 2021''. SEC. 2. GRANT PROGRAM FOR MANUFACTURED HOUSING PRESERVATION. 4103)) or an agency of an Indian tribe; (4) a resident organization in which homeowners are members and have open and equal access to membership; or (5) such other entities as the Secretary determines will maintain housing affordability in manufactured housing communities. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. The Secretary shall accept applications on a rolling basis and approve or deny each application within 20 business days of receipt in order to facilitate market-based transactions by an applicant. 1437a(b))); (B) give priority to grants for the benefit of communities that have not received a grant under this section during the preceding 10 years; and (C) ensure that not more than 40 percent of grant funds for any fiscal year are awarded to entities identified in subsection (b)(5). The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). (i) Definitions.--For purposes of this section, the following definitions shall apply: (1) Manufactured home.--The term ``manufactured home'' means a structure, transportable in one or more sections, that-- (A) in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site is 320 square feet or more; (B) is built on a permanent chassis and designed to be used as a dwelling (with or without a permanent foundation when connected to required utilities) and includes plumbing, heating, air conditioning, and electrical systems; and (C) in the case of a structure manufactured after June 15, 1976, is certified as meeting the Manufactured Home Construction and Safety Standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (k) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufactured Housing Community Preservation Act of 2021''. SEC. 2. GRANT PROGRAM FOR MANUFACTURED HOUSING PRESERVATION. 4103)) or an agency of an Indian tribe; (4) a resident organization in which homeowners are members and have open and equal access to membership; or (5) such other entities as the Secretary determines will maintain housing affordability in manufactured housing communities. (d) Preservation; Affordability; Ownership.--A grant under this section may be made only if the Secretary determines that the grantee will enter into such binding agreements as the Secretary considers sufficient to ensure that-- (1) the manufactured housing community acquired using such grant amounts-- (A) will be maintained as a manufactured housing community for a period that begins upon the making of such grant and has a duration not shorter than 20 years; (B) will be managed in a manner that benefits the residents and maintains their quality of life for a period not shorter than 20 years; (C) will, for a period not shorter than 20 years, be subject to limitations on annual increases in rents and other required costs for lots for manufactured homes in such community either through resident control over increases or, if owned by a party other than the residents, as the Secretary considers appropriate to ensure continued affordability and maintenance of the property, but not in any case annually to exceed the percentage that is equal to the percentage increase for the immediately preceding year in the Consumer Price Index for All Urban Consumers (CPI-U) plus 7 percent, and such rents will comply with any applicable State laws; (D) will be owned by an entity described in subsection (b) for a period not shorter than 20 years; and (E) has not been the primary beneficiary of a grant under this section during the preceding 5 years; and (2) if in the determination of the Secretary the provisions of the agreement have not been met, the grant shall be repaid. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. The Secretary shall accept applications on a rolling basis and approve or deny each application within 20 business days of receipt in order to facilitate market-based transactions by an applicant. (2) Selection.--The Secretary shall establish criteria for selection of applicants to receive grants under this section, which criteria shall-- (A) give priority to grantees who would use such grant amounts to carry out activities under subsection (c) within areas having a high concentration of low-, very low-, or extremely low-income families (as such terms are defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))); (B) give priority to grants for the benefit of communities that have not received a grant under this section during the preceding 10 years; and (C) ensure that not more than 40 percent of grant funds for any fiscal year are awarded to entities identified in subsection (b)(5). The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). (i) Definitions.--For purposes of this section, the following definitions shall apply: (1) Manufactured home.--The term ``manufactured home'' means a structure, transportable in one or more sections, that-- (A) in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site is 320 square feet or more; (B) is built on a permanent chassis and designed to be used as a dwelling (with or without a permanent foundation when connected to required utilities) and includes plumbing, heating, air conditioning, and electrical systems; and (C) in the case of a structure manufactured after June 15, 1976, is certified as meeting the Manufactured Home Construction and Safety Standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (k) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( (c) Use of Grant Amounts.--Amounts from a grant under this section may be used only for-- (1) the acquisition and preservation of manufactured housing communities; (2) such acquisition and preservation, together with costs for making improvements to common areas and community property for acquired manufactured housing communities; or (3) the demolition, removal, and replacement of dilapidated homes from a manufactured housing community. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. h) Reports.-- (1) In general.--The Secretary shall submit a report annually regarding the grant program under this section to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and shall make each such report publicly available on the website of the Department of Housing and Urban Development. The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. 2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( (k) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( f) Matching Funds.--The Secretary shall require a grantee of grant under this section to provide non-Federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( j) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section $100,000,000 for each of fiscal years 2022 through 2026, of which not more than 5 percent may be used for administration and oversight. (

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( f) Matching Funds.--The Secretary shall require a grantee of grant under this section to provide non-Federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( j) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section $100,000,000 for each of fiscal years 2022 through 2026, of which not more than 5 percent may be used for administration and oversight. (

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( (c) Use of Grant Amounts.--Amounts from a grant under this section may be used only for-- (1) the acquisition and preservation of manufactured housing communities; (2) such acquisition and preservation, together with costs for making improvements to common areas and community property for acquired manufactured housing communities; or (3) the demolition, removal, and replacement of dilapidated homes from a manufactured housing community. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. h) Reports.-- (1) In general.--The Secretary shall submit a report annually regarding the grant program under this section to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and shall make each such report publicly available on the website of the Department of Housing and Urban Development. The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. 2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( (k) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( f) Matching Funds.--The Secretary shall require a grantee of grant under this section to provide non-Federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( j) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section $100,000,000 for each of fiscal years 2022 through 2026, of which not more than 5 percent may be used for administration and oversight. (

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( (c) Use of Grant Amounts.--Amounts from a grant under this section may be used only for-- (1) the acquisition and preservation of manufactured housing communities; (2) such acquisition and preservation, together with costs for making improvements to common areas and community property for acquired manufactured housing communities; or (3) the demolition, removal, and replacement of dilapidated homes from a manufactured housing community. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. h) Reports.-- (1) In general.--The Secretary shall submit a report annually regarding the grant program under this section to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and shall make each such report publicly available on the website of the Department of Housing and Urban Development. The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. 2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( (k) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( f) Matching Funds.--The Secretary shall require a grantee of grant under this section to provide non-Federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( j) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section $100,000,000 for each of fiscal years 2022 through 2026, of which not more than 5 percent may be used for administration and oversight. (

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( (c) Use of Grant Amounts.--Amounts from a grant under this section may be used only for-- (1) the acquisition and preservation of manufactured housing communities; (2) such acquisition and preservation, together with costs for making improvements to common areas and community property for acquired manufactured housing communities; or (3) the demolition, removal, and replacement of dilapidated homes from a manufactured housing community. (e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. h) Reports.-- (1) In general.--The Secretary shall submit a report annually regarding the grant program under this section to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and shall make each such report publicly available on the website of the Department of Housing and Urban Development. The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A). by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. 2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( (k) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( e) Amount.--The amount of any grant under this section may not exceed the lesser of-- (1) $2,000,000; or (2) the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. ( f) Matching Funds.--The Secretary shall require a grantee of grant under this section to provide non-Federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee. Such non- Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind. ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. Such term shall not include any self-propelled recreational vehicle. (2) Manufactured housing community.--The term ``manufactured housing community'' means a community comprised primarily of manufactured homes used primarily for residential purposes. ( j) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section $100,000,000 for each of fiscal years 2022 through 2026, of which not more than 5 percent may be used for administration and oversight. (

To provide assistance for the acquisition and preservation of manufactured housing communities, and for other purposes. a) Authority.--The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities. ( ( ( g) Applications; Selection.-- (1) Applications.--The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. h) Reports.-- (1) In general.--The Secretary shall submit a report annually regarding the grant program under this section to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and shall make each such report publicly available on the website of the Department of Housing and Urban Development.

Manufactured Housing Community Preservation Act of 2021 - Directs the Secretary of Housing and Urban Development (HUD) to establish a grant program to provide grants to eligible entities for acquiring and preserving manufactured housing communities. (Sec. 2) Authorizes appropriations. Requires the Secretary of Housing and Urban Development (HUD) to report annually to Congress on the effectiveness of the program. The first such report shall be made for the first fiscal year in which any grants are made under this Act and a subsequent report for each fiscal year for which a grantee is subject to such requirements. (Sec. 3) Requires the Secretary to issue regulations to carry out

H.R.3441

Health

Substance Use Disorder Workforce Act This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for hospitals that have addiction or pain medicine programs, with an aggregate increase of 1,000 positions over a five-year period.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Substance Use Disorder Workforce Act''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS TO HELP COMBAT SUBSTANCE USE DISORDER CRISIS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(F)(i), by striking ``paragraphs (7), (8), and (9)'' and inserting ``paragraphs (7), (8), (9), and (10)''; (2) in paragraph (4)(H)(i), by striking ``paragraphs (7), (8), and (9)'' and inserting ``paragraphs (7), (8), (9), and (10)''; (3) in paragraph (7)(E), by striking ``paragraph (8)'' and all that follows through ``clause (i)'' and inserting ``paragraph (8), paragraph (9), paragraph (10), clause (i)''; and (4) by adding at the end the following new paragraph: ``(10) Distribution of additional residency positions to help combat substance use disorder crisis.-- ``(A) Additional residency positions.--During the period of fiscal years 2024 through 2028 (and succeeding fiscal years if the Secretary determines that there are additional full-time-equivalent residency positions available to distribute under subparagraph (D)), the Secretary shall distribute additional full-time-equivalent residency positions to increase the otherwise applicable resident limit for each qualifying hospital that submits a timely application under this paragraph by such number as the Secretary may approve, effective beginning July 1 of the fiscal year of the increase. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. The Secretary may determine whether a hospital has met the requirements under this clause during such 5- year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(v) Positions not distributed during fiscal year 2024.--If the number of full-time- equivalent residency positions distributed under this subparagraph is less than the aggregate number of positions available for distribution for fiscal year 2024 (as described in subparagraph (A)), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution under subparagraph (C). ``(C) Distribution for fiscal years 2025 through 2028.-- ``(i) In general.--For the period of fiscal years 2025 through 2028, the positions available for distribution for such period (as described in subparagraph (A)), and any positions made available pursuant to subparagraph (B)(v), shall be distributed to hospitals which demonstrate to the Secretary that the hospital has established or will establish an approved residency training program in addiction medicine, addiction psychiatry, or pain medicine. ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. The Secretary may determine whether a hospital has met the requirements under this clause during such 5- year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(E) Limitation.--An individual hospital may not receive more than 25 full-time-equivalent residency positions under this paragraph. ``(F) Notification.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. Such increase shall be effective beginning July 1 of that fiscal year. ``(G) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. ``(I) Clarification.--Chapter 35 of title 44, United States Code, shall not apply to the implementation of this paragraph. ``(J) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under paragraph (4)(F)(i) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), (8)(B), and (9)(A). ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. (2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''. <all>

Substance Use Disorder Workforce Act

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis.

Substance Use Disorder Workforce Act

Rep. Schneider, Bradley Scott

D

IL

This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for hospitals that have addiction or pain medicine programs, with an aggregate increase of 1,000 positions over a five-year period.

SHORT TITLE. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS TO HELP COMBAT SUBSTANCE USE DISORDER CRISIS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. The Secretary may determine whether a hospital has met the requirements under this clause during such 5- year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. ``(E) Limitation.--An individual hospital may not receive more than 25 full-time-equivalent residency positions under this paragraph. ``(F) Notification.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. ``(G) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(I) Clarification.--Chapter 35 of title 44, United States Code, shall not apply to the implementation of this paragraph. ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''.

SHORT TITLE. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS TO HELP COMBAT SUBSTANCE USE DISORDER CRISIS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(E) Limitation.--An individual hospital may not receive more than 25 full-time-equivalent residency positions under this paragraph. ``(F) Notification.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. ``(G) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(I) Clarification.--Chapter 35 of title 44, United States Code, shall not apply to the implementation of this paragraph. ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''.

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. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS TO HELP COMBAT SUBSTANCE USE DISORDER CRISIS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. The Secretary may determine whether a hospital has met the requirements under this clause during such 5- year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. ``(E) Limitation.--An individual hospital may not receive more than 25 full-time-equivalent residency positions under this paragraph. ``(F) Notification.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. ``(G) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(I) Clarification.--Chapter 35 of title 44, United States Code, shall not apply to the implementation of this paragraph. ``(J) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under paragraph (4)(F)(i) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), (8)(B), and (9)(A). ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Substance Use Disorder Workforce Act''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS TO HELP COMBAT SUBSTANCE USE DISORDER CRISIS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. The Secretary may determine whether a hospital has met the requirements under this clause during such 5- year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(E) Limitation.--An individual hospital may not receive more than 25 full-time-equivalent residency positions under this paragraph. ``(F) Notification.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. ``(G) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. ``(I) Clarification.--Chapter 35 of title 44, United States Code, shall not apply to the implementation of this paragraph. ``(J) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under paragraph (4)(F)(i) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), (8)(B), and (9)(A). ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. (2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. This Act may be cited as the ``Substance Use Disorder Workforce Act''. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(v) Positions not distributed during fiscal year 2024.--If the number of full-time- equivalent residency positions distributed under this subparagraph is less than the aggregate number of positions available for distribution for fiscal year 2024 (as described in subparagraph (A)), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution under subparagraph (C). ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(G) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. ( 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(C) Distribution for fiscal years 2025 through 2028.-- ``(i) In general.--For the period of fiscal years 2025 through 2028, the positions available for distribution for such period (as described in subparagraph (A)), and any positions made available pursuant to subparagraph (B)(v), shall be distributed to hospitals which demonstrate to the Secretary that the hospital has established or will establish an approved residency training program in addiction medicine, addiction psychiatry, or pain medicine. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. ( 2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(C) Distribution for fiscal years 2025 through 2028.-- ``(i) In general.--For the period of fiscal years 2025 through 2028, the positions available for distribution for such period (as described in subparagraph (A)), and any positions made available pursuant to subparagraph (B)(v), shall be distributed to hospitals which demonstrate to the Secretary that the hospital has established or will establish an approved residency training program in addiction medicine, addiction psychiatry, or pain medicine. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. ( 2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. This Act may be cited as the ``Substance Use Disorder Workforce Act''. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(v) Positions not distributed during fiscal year 2024.--If the number of full-time- equivalent residency positions distributed under this subparagraph is less than the aggregate number of positions available for distribution for fiscal year 2024 (as described in subparagraph (A)), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution under subparagraph (C). ``(ii) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(G) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. ( 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. The aggregate number of additional full-time-equivalent residency positions available for distribution under this paragraph shall be equal to 500 in fiscal year 2024 and 500 over the period of fiscal years 2025 through 2028, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2024.-- ``(i) In general.--For fiscal year 2024, the positions available for distribution for such fiscal year (as described in subparagraph (A)) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(C) Distribution for fiscal years 2025 through 2028.-- ``(i) In general.--For the period of fiscal years 2025 through 2028, the positions available for distribution for such period (as described in subparagraph (A)), and any positions made available pursuant to subparagraph (B)(v), shall be distributed to hospitals which demonstrate to the Secretary that the hospital has established or will establish an approved residency training program in addiction medicine, addiction psychiatry, or pain medicine. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. ( 2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions.''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(v) Positions not distributed during fiscal year 2024.--If the number of full-time- equivalent residency positions distributed under this subparagraph is less than the aggregate number of positions available for distribution for fiscal year 2024 (as described in subparagraph (A)), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution under subparagraph (C). ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. (

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. 2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions. ''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(v) Positions not distributed during fiscal year 2024.--If the number of full-time- equivalent residency positions distributed under this subparagraph is less than the aggregate number of positions available for distribution for fiscal year 2024 (as described in subparagraph (A)), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution under subparagraph (C). ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''. (

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. ``(iv) Redistribution of positions if hospital no longer meets certain requirements.--In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. 2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xi) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to residency positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such residency positions. ''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(iii) Requirements.--A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. ``(H) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group.

Substance Use Disorder Workforce Act - Amends title XVIII (Medicare) of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. (Currently, the Secretary of Health and Human Services must distribute full-time-equivalent residency positions for addiction medicine, addiction psychiatry, or pain medicine to hospitals that have Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to: (1) notify hospitals of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase; and (2) permit hospitals receiving additional residency positions attributable to such increase to apply such positions to the limitation amount under

H.R.2779

Government Operations and Politics

All Economic Regulations are Transparent Act of 2021 or the ALERT Act of 2021 This bill establishes various reporting requirements with respect to federal agency rulemaking. Specifically, each agency must submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) for each rule the agency expects to propose or finalize during the following year, including information about the objectives and legal basis for the rule as well as whether the rule is subject to periodic review based on its significant economic impact. Additionally, each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking, including an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. OIRA must publish this information online and, subject to certain exceptions, a rule may not take effect until the information has been published for at least six months. The bill also requires OIRA to annually publish in the Federal Register specified information it receives from agencies under this bill, including a list of each rule an agency has proposed and the total cost of all rules proposed or finalized. OIRA must further publish online (1) any analysis of the costs or benefits of rules that were proposed or finalized during the previous year, and (2) a list of rules that were subjected to various forms of review during the previous year.

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``All Economic Regulations are Transparent Act of 2021'' or the ``ALERT Act of 2021''. SEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES. (a) Amendment.--Title 5, United States Code, is amended by inserting after chapter 6, the following new chapter: ``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES ``Sec. 651. Agency monthly submission to office of information and regulatory affairs. ``Sec. 652. Office of information and regulatory affairs publications. ``Sec. 653. Requirement for rules to appear in agency-specific monthly publication. ``Sec. 654. Definitions. ``SEC. 651. AGENCY MONTHLY SUBMISSION TO OFFICE OF INFORMATION AND REGULATORY AFFAIRS. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rulemaking, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rulemaking. ``(C) Whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B). ``(D) The stage of the rulemaking as of the date of submission. ``(E) Whether the rule is subject to review under section 610. ``(2) For any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rulemaking-- ``(A) an approximate schedule for completing action on the rule; ``(B) an estimate of whether the rule will cost-- ``(i) less than $50,000,000; ``(ii) $50,000,000 or more but less than $100,000,000; ``(iii) $100,000,000 or more but less than $500,000,000; ``(iv) $500,000,000 or more but less than $1,000,000,000; ``(v) $1,000,000,000 or more but less than $5,000,000,000; ``(vi) $5,000,000,000 or more but less than $10,000,000,000; or ``(vii) $10,000,000,000 or more; and ``(C) any estimate of the economic effects of the rule, including any estimate of the net effect that the rule will have on the number of jobs in the United States, that was considered in drafting the rule. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``SEC. 652. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS. ``(a) Agency-Specific Information Published Monthly.--Not later than 30 days after the submission of information pursuant to section 651, the Administrator shall make such information publicly available on the Internet. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(B) The number of rules and a list of each such rule-- ``(i) that was proposed by each agency, including, for each such rule, an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule; and ``(ii) that was finalized by each agency, including for each such rule an indication of whether-- ``(I) the issuing agency conducted an analysis of the costs or benefits of the rule; ``(II) the agency claimed an exemption from the procedures under section 553 pursuant to section 553(b)(B); and ``(III) the rule was issued pursuant to a statutory mandate or the rulemaking is committed to agency discretion by law. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(D) The total cost (without reducing the cost by any offsetting benefits) of all rules proposed or finalized, and the number of rules for which an estimate of the cost of the rule was not available. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(B) The docket number and regulation identifier number for each proposed or final rule issued by an agency for the previous year. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(D) The number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the previous year. ``(E) The number of rules and a list of each such rule submitted to the Comptroller General under section 801. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. ``SEC. 653. REQUIREMENT FOR RULES TO APPEAR IN AGENCY-SPECIFIC MONTHLY PUBLICATION. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. ``SEC. 654. DEFINITIONS. ``In this chapter, the terms `agency', `agency action', `rule', and `rulemaking' have the meanings given those terms in section 551.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 5, the following: ``6. The Analysis of Regulatory Functions.................. 601 ``6A. Office of Information and Regulatory Affairs 651''. Publication of Information Relating to Rules. (c) Effective Dates.-- (1) Agency monthly submission to the office of information and regulatory affairs.--The first submission required pursuant to section 651 of title 5, United States Code, as added by subsection (a), shall be submitted not later than 30 days after the date of the enactment of this Act, and monthly thereafter. (2) Cumulative assessment of agency rulemaking.-- (A) In general.--Subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 60 days after the date of the enactment of this Act. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. (C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (3) Requirement for rules to appear in agency-specific monthly publication.--Section 653 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 8 months after the date of the enactment of this Act. <all>

ALERT Act of 2021

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes.

ALERT Act of 2021 All Economic Regulations are Transparent Act of 2021

Rep. Good, Bob

R

VA

This bill establishes various reporting requirements with respect to federal agency rulemaking. Specifically, each agency must submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) for each rule the agency expects to propose or finalize during the following year, including information about the objectives and legal basis for the rule as well as whether the rule is subject to periodic review based on its significant economic impact. Additionally, each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking, including an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. OIRA must publish this information online and, subject to certain exceptions, a rule may not take effect until the information has been published for at least six months. The bill also requires OIRA to annually publish in the Federal Register specified information it receives from agencies under this bill, including a list of each rule an agency has proposed and the total cost of all rules proposed or finalized. OIRA must further publish online (1) any analysis of the costs or benefits of rules that were proposed or finalized during the previous year, and (2) a list of rules that were subjected to various forms of review during the previous year.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``All Economic Regulations are Transparent Act of 2021'' or the ``ALERT Act of 2021''. SEC. Requirement for rules to appear in agency-specific monthly publication. Definitions. ``(C) Whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B). ``(D) The stage of the rulemaking as of the date of submission. ``(2) For any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rulemaking-- ``(A) an approximate schedule for completing action on the rule; ``(B) an estimate of whether the rule will cost-- ``(i) less than $50,000,000; ``(ii) $50,000,000 or more but less than $100,000,000; ``(iii) $100,000,000 or more but less than $500,000,000; ``(iv) $500,000,000 or more but less than $1,000,000,000; ``(v) $1,000,000,000 or more but less than $5,000,000,000; ``(vi) $5,000,000,000 or more but less than $10,000,000,000; or ``(vii) $10,000,000,000 or more; and ``(C) any estimate of the economic effects of the rule, including any estimate of the net effect that the rule will have on the number of jobs in the United States, that was considered in drafting the rule. 652. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(D) The number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the previous year. 653. 654. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 5, the following: ``6. The Analysis of Regulatory Functions.................. 601 ``6A. Office of Information and Regulatory Affairs 651''. Publication of Information Relating to Rules. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection.

SHORT TITLE. This Act may be cited as the ``All Economic Regulations are Transparent Act of 2021'' or the ``ALERT Act of 2021''. SEC. Requirement for rules to appear in agency-specific monthly publication. Definitions. ``(C) Whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B). ``(D) The stage of the rulemaking as of the date of submission. ``(2) For any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rulemaking-- ``(A) an approximate schedule for completing action on the rule; ``(B) an estimate of whether the rule will cost-- ``(i) less than $50,000,000; ``(ii) $50,000,000 or more but less than $100,000,000; ``(iii) $100,000,000 or more but less than $500,000,000; ``(iv) $500,000,000 or more but less than $1,000,000,000; ``(v) $1,000,000,000 or more but less than $5,000,000,000; ``(vi) $5,000,000,000 or more but less than $10,000,000,000; or ``(vii) $10,000,000,000 or more; and ``(C) any estimate of the economic effects of the rule, including any estimate of the net effect that the rule will have on the number of jobs in the United States, that was considered in drafting the rule. 652. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(D) The number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the previous year. 653. 654. The Analysis of Regulatory Functions.................. 601 ``6A. Office of Information and Regulatory Affairs 651''. Publication of Information Relating to Rules. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``All Economic Regulations are Transparent Act of 2021'' or the ``ALERT Act of 2021''. SEC. Requirement for rules to appear in agency-specific monthly publication. Definitions. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rulemaking, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rulemaking. ``(C) Whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B). ``(D) The stage of the rulemaking as of the date of submission. ``(2) For any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rulemaking-- ``(A) an approximate schedule for completing action on the rule; ``(B) an estimate of whether the rule will cost-- ``(i) less than $50,000,000; ``(ii) $50,000,000 or more but less than $100,000,000; ``(iii) $100,000,000 or more but less than $500,000,000; ``(iv) $500,000,000 or more but less than $1,000,000,000; ``(v) $1,000,000,000 or more but less than $5,000,000,000; ``(vi) $5,000,000,000 or more but less than $10,000,000,000; or ``(vii) $10,000,000,000 or more; and ``(C) any estimate of the economic effects of the rule, including any estimate of the net effect that the rule will have on the number of jobs in the United States, that was considered in drafting the rule. 652. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(D) The number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the previous year. ``(E) The number of rules and a list of each such rule submitted to the Comptroller General under section 801. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. 653. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. 654. ``In this chapter, the terms `agency', `agency action', `rule', and `rulemaking' have the meanings given those terms in section 551.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 5, the following: ``6. The Analysis of Regulatory Functions.................. 601 ``6A. Office of Information and Regulatory Affairs 651''. Publication of Information Relating to Rules. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection.

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``All Economic Regulations are Transparent Act of 2021'' or the ``ALERT Act of 2021''. SEC. Requirement for rules to appear in agency-specific monthly publication. Definitions. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rulemaking, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rulemaking. ``(C) Whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B). ``(D) The stage of the rulemaking as of the date of submission. ``(E) Whether the rule is subject to review under section 610. ``(2) For any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rulemaking-- ``(A) an approximate schedule for completing action on the rule; ``(B) an estimate of whether the rule will cost-- ``(i) less than $50,000,000; ``(ii) $50,000,000 or more but less than $100,000,000; ``(iii) $100,000,000 or more but less than $500,000,000; ``(iv) $500,000,000 or more but less than $1,000,000,000; ``(v) $1,000,000,000 or more but less than $5,000,000,000; ``(vi) $5,000,000,000 or more but less than $10,000,000,000; or ``(vii) $10,000,000,000 or more; and ``(C) any estimate of the economic effects of the rule, including any estimate of the net effect that the rule will have on the number of jobs in the United States, that was considered in drafting the rule. 652. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(D) The total cost (without reducing the cost by any offsetting benefits) of all rules proposed or finalized, and the number of rules for which an estimate of the cost of the rule was not available. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(B) The docket number and regulation identifier number for each proposed or final rule issued by an agency for the previous year. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(D) The number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the previous year. ``(E) The number of rules and a list of each such rule submitted to the Comptroller General under section 801. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. 653. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. 654. ``In this chapter, the terms `agency', `agency action', `rule', and `rulemaking' have the meanings given those terms in section 551.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 5, the following: ``6. The Analysis of Regulatory Functions.................. 601 ``6A. Office of Information and Regulatory Affairs 651''. Publication of Information Relating to Rules. (c) Effective Dates.-- (1) Agency monthly submission to the office of information and regulatory affairs.--The first submission required pursuant to section 651 of title 5, United States Code, as added by subsection (a), shall be submitted not later than 30 days after the date of the enactment of this Act, and monthly thereafter. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection.

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rulemaking, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rulemaking. ``(E) Whether the rule is subject to review under section 610. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. c) Effective Dates.-- (1) Agency monthly submission to the office of information and regulatory affairs.--The first submission required pursuant to section 651 of title 5, United States Code, as added by subsection (a), shall be submitted not later than 30 days after the date of the enactment of this Act, and monthly thereafter. (2) Cumulative assessment of agency rulemaking.-- (A) In general.--Subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 60 days after the date of the enactment of this Act. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. Office of information and regulatory affairs publications. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``(a) Agency-Specific Information Published Monthly.--Not later than 30 days after the submission of information pursuant to section 651, the Administrator shall make such information publicly available on the Internet. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. Office of information and regulatory affairs publications. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``(a) Agency-Specific Information Published Monthly.--Not later than 30 days after the submission of information pursuant to section 651, the Administrator shall make such information publicly available on the Internet. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rulemaking, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rulemaking. ``(E) Whether the rule is subject to review under section 610. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. c) Effective Dates.-- (1) Agency monthly submission to the office of information and regulatory affairs.--The first submission required pursuant to section 651 of title 5, United States Code, as added by subsection (a), shall be submitted not later than 30 days after the date of the enactment of this Act, and monthly thereafter. (2) Cumulative assessment of agency rulemaking.-- (A) In general.--Subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 60 days after the date of the enactment of this Act. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. Office of information and regulatory affairs publications. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``(a) Agency-Specific Information Published Monthly.--Not later than 30 days after the submission of information pursuant to section 651, the Administrator shall make such information publicly available on the Internet. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rulemaking, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rulemaking. ``(E) Whether the rule is subject to review under section 610. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. c) Effective Dates.-- (1) Agency monthly submission to the office of information and regulatory affairs.--The first submission required pursuant to section 651 of title 5, United States Code, as added by subsection (a), shall be submitted not later than 30 days after the date of the enactment of this Act, and monthly thereafter. (2) Cumulative assessment of agency rulemaking.-- (A) In general.--Subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 60 days after the date of the enactment of this Act. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. Office of information and regulatory affairs publications. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``(a) Agency-Specific Information Published Monthly.--Not later than 30 days after the submission of information pursuant to section 651, the Administrator shall make such information publicly available on the Internet. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. ( C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

To amend title 5, United States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings, and for other purposes. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``(b) Cumulative Assessment of Agency Rulemaking Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (

All Economic Regulations are Transparent Act of 2021 or the ALERT Act of 2019 This bill requires the Office of Information and Regulatory Affairs (OIR) to provide for the publication of information relating to rulemakings, and for other purposes. OIR must publish agency-specific monthly reports on agency rulemaking. The OIR shall make such information publicly available on the Internet. The bill Amends Federal civil service law to prohibit a rule from taking effect until the information required to be made publicly available on the Internet regarding such rule has been so available for at least six months. (Sec. 652) Exempts from such requirement a rule: (1) for which the agency issuing the rule claims an exception; or (2) which the President determines by executive

S.489

Government Operations and Politics

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

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

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

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

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

Sen. Braun, Mike

R

IN

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

2. ANNUAL REPORT ON FEDERAL EMPLOYEES AND RETIREES WITH DELINQUENT TAX DEBT. (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Oversight and Reform of the House of Representatives. SEC. 3. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``Sec. 7381. 7382. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the applicable agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether-- ``(A) the employee or applicant has a seriously delinquent tax debt; or ``(B) there is a final administrative or judicial determination that such employee or applicant committed any act described in section 7385(b); and ``(2) request that the Secretary of the Treasury disclose any information so authorized to be disclosed. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). 7384. 7385. ``(2) Personnel actions.--In paragraph (1), the term `personnel action'-- ``(A) includes separation; and ``(B) does not include administrative leave or any other type of paid leave without duty or charge to leave. ``(b) Acts.--The acts described in this subsection are-- ``(1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or ``(2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. Definitions. Ineligibility for employment. ``7383. Review of public records. Confidentiality. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of enactment of this Act.

2. ANNUAL REPORT ON FEDERAL EMPLOYEES AND RETIREES WITH DELINQUENT TAX DEBT. (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Oversight and Reform of the House of Representatives. SEC. 3. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``Sec. 7381. 7382. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). 7384. 7385. ``(2) Personnel actions.--In paragraph (1), the term `personnel action'-- ``(A) includes separation; and ``(B) does not include administrative leave or any other type of paid leave without duty or charge to leave. ``(b) Acts.--The acts described in this subsection are-- ``(1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or ``(2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. Definitions. Ineligibility for employment. ``7383. Review of public records. Confidentiality.

SHORT TITLE. 2. ANNUAL REPORT ON FEDERAL EMPLOYEES AND RETIREES WITH DELINQUENT TAX DEBT. (b) Matters Included.--The report under subsection (a) shall include-- (1) the population of individuals who are civilian employees, retired civilian employees, active duty military employees, military reserve or national guard employees, and retired military employees; (2) the number of individuals in each category listed in paragraph (1) who have delinquent tax debt (excluding those individuals who have an installment agreement) or an unfiled tax return; (3) the aggregate balance owed and the delinquency rate for each such category; and (4) the information described in paragraphs (2) and (3) broken down by Federal agency. (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Oversight and Reform of the House of Representatives. SEC. 3. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``Sec. 7381. 7382. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. ``(2) Content.--The regulations promulgated under paragraph (1) shall provide for the following: ``(A) All applicable due process rights afforded by chapter 75 and any other provision of law shall apply with respect to a determination under this section that an applicant is ineligible to be appointed as an employee or that an employee is ineligible to continue serving as an employee. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). ``(C) An employee may continue to serve, in a situation involving financial hardship, if the continued service of the employee is in the best interests of the United States, as determined on a case-by-case basis and certified as such by the head of the employing agency. ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the applicable agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether-- ``(A) the employee or applicant has a seriously delinquent tax debt; or ``(B) there is a final administrative or judicial determination that such employee or applicant committed any act described in section 7385(b); and ``(2) request that the Secretary of the Treasury disclose any information so authorized to be disclosed. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). 7384. 7385. ``(2) Personnel actions.--In paragraph (1), the term `personnel action'-- ``(A) includes separation; and ``(B) does not include administrative leave or any other type of paid leave without duty or charge to leave. ``(b) Acts.--The acts described in this subsection are-- ``(1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or ``(2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. Definitions. Ineligibility for employment. ``7383. Review of public records. Confidentiality. Adverse actions for employees who understate taxes or fail to file.''. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of enactment of this Act.

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

To require an annual report of Federal employees and retirees with delinquent tax debt. a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. ( (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Oversight and Reform of the House of Representatives. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT. ( Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication through which the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of that agency to examine or otherwise have access to any such information. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of enactment of this Act.

To require an annual report of Federal employees and retirees with delinquent tax debt. a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. ( Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). ``(c) Procedure.--Under regulations prescribed by the Director of the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under section 7513 or 7543, as applicable.''. ( b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381.

To require an annual report of Federal employees and retirees with delinquent tax debt. a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. ( Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). ``(c) Procedure.--Under regulations prescribed by the Director of the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under section 7513 or 7543, as applicable.''. ( b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381.

To require an annual report of Federal employees and retirees with delinquent tax debt. a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. ( (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Oversight and Reform of the House of Representatives. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT. ( Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication through which the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of that agency to examine or otherwise have access to any such information. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of enactment of this Act.

To require an annual report of Federal employees and retirees with delinquent tax debt. a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. ( Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). ``(c) Procedure.--Under regulations prescribed by the Director of the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under section 7513 or 7543, as applicable.''. ( b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381.

To require an annual report of Federal employees and retirees with delinquent tax debt. a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. ( (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Oversight and Reform of the House of Representatives. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT. ( Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication through which the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of that agency to examine or otherwise have access to any such information. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of enactment of this Act.

To require an annual report of Federal employees and retirees with delinquent tax debt. a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. ( Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). ``(c) Procedure.--Under regulations prescribed by the Director of the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under section 7513 or 7543, as applicable.''. ( b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381.

To require an annual report of Federal employees and retirees with delinquent tax debt. Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. (

To require an annual report of Federal employees and retirees with delinquent tax debt. ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(c) Procedure.--Under regulations prescribed by the Director of the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under section 7513 or 7543, as applicable.''. ( b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381.

To require an annual report of Federal employees and retirees with delinquent tax debt. Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. (

Federal Employees and Retirees with Delinquent Tax Debt Initiative (FERDI) Act - Directs the Secretary of the Treasury to submit to the relevant congressional committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. (Sec. 2) Requires the Amends Federal civil service law to authorize the head of an agency to take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed: (1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or (2) willful

S.3900

Government Operations and Politics

Settlement Agreement Information Database Act of 2022 This bill requires executive agencies to submit information regarding settlement agreements to a public database. Specifically, an agency must submit information regarding any settlement agreement (including a consent decree) entered into by the agency related to an alleged violation of federal law. If an agency determines that information regarding an agreement must remain confidential to protect the public interest, the agency must publish an explanation of why the information is confidential.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Settlement Agreement Information Database Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. (2) Settlement agreement.--The term ``settlement agreement'' has the meaning given the term in section 307 of title 5, United States Code, as added by section 3(a) of this Act. SEC. 3. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. (a) Requirements for Settlement Agreements.--Chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given the term in section 6501 of title 31. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(3) Settlement agreement.--The term `settlement agreement' means a settlement agreement, including a consent decree, that-- ``(A) is entered into by an Executive agency; and ``(B) relates to an alleged violation of Federal civil or criminal law. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(b) Settlement Agreement Information Database.-- ``(1) Executive agency requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): ``(i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement-- ``(I) the order type of the settlement agreement; ``(II) the date on which the parties entered into the settlement agreement; ``(III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; ``(IV) the amount of attorneys' fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; ``(V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; ``(VI) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; ``(VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; ``(IX) the projected duration of the settlement agreement, if available; ``(X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; ``(XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; ``(XII) any modifications to the settlement agreement, when applicable; ``(XIII) notice and comments, when applicable; and ``(XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(C) Clarification of responsible agency.--In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. Information regarding settlement agreements.''. (c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). (d) Deadline for First Submission.--Not later than 90 days after the date on which the Director issues the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency shall begin submitting information to the database established under such section 307. SEC. 4. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (B) by inserting after subparagraph (A) the following: ``(B) each settlement agreement, as defined in section 307, entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''; (C) in subparagraph (F), as so redesignated, by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (D) in the flush text following subparagraph (F), as so redesignated-- (i) by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (ii) by striking ``subparagraph (E)'' and inserting ``subparagraph (F)''; and (2) in paragraph (4)(B), by striking ``paragraph (2)(C)'' and inserting ``paragraph (2)(D)''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 6. EFFECTIVE DATE; APPLICABILITY. This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. <all>

Settlement Agreement Information Database Act of 2022

A bill to amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes.

Settlement Agreement Information Database Act of 2022

Sen. Lankford, James

R

OK

This bill requires executive agencies to submit information regarding settlement agreements to a public database. Specifically, an agency must submit information regarding any settlement agreement (including a consent decree) entered into by the agency related to an alleged violation of federal law. If an agency determines that information regarding an agreement must remain confidential to protect the public interest, the agency must publish an explanation of why the information is confidential.

2. DEFINITIONS. In this Act: (1) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. 3. 307. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. Information regarding settlement agreements.''. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (B) by inserting after subparagraph (A) the following: ``(B) each settlement agreement, as defined in section 307, entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''; (C) in subparagraph (F), as so redesignated, by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (D) in the flush text following subparagraph (F), as so redesignated-- (i) by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (ii) by striking ``subparagraph (E)'' and inserting ``subparagraph (F)''; and (2) in paragraph (4)(B), by striking ``paragraph (2)(C)'' and inserting ``paragraph (2)(D)''. EFFECTIVE DATE; APPLICABILITY. SEC. DETERMINATION OF BUDGETARY EFFECTS.

2. DEFINITIONS. In this Act: (1) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. 3. 307. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. Information regarding settlement agreements.''. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (B) by inserting after subparagraph (A) the following: ``(B) each settlement agreement, as defined in section 307, entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''; (C) in subparagraph (F), as so redesignated, by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (D) in the flush text following subparagraph (F), as so redesignated-- (i) by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (ii) by striking ``subparagraph (E)'' and inserting ``subparagraph (F)''; and (2) in paragraph (4)(B), by striking ``paragraph (2)(C)'' and inserting ``paragraph (2)(D)''. EFFECTIVE DATE; APPLICABILITY. SEC. DETERMINATION OF BUDGETARY EFFECTS.

2. DEFINITIONS. In this Act: (1) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. 3. 307. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(b) Settlement Agreement Information Database.-- ``(1) Executive agency requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): ``(i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement-- ``(I) the order type of the settlement agreement; ``(II) the date on which the parties entered into the settlement agreement; ``(III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; ``(IV) the amount of attorneys' fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; ``(V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; ``(VI) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; ``(VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; ``(IX) the projected duration of the settlement agreement, if available; ``(X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; ``(XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; ``(XII) any modifications to the settlement agreement, when applicable; ``(XIII) notice and comments, when applicable; and ``(XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. Information regarding settlement agreements.''. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (B) by inserting after subparagraph (A) the following: ``(B) each settlement agreement, as defined in section 307, entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''; (C) in subparagraph (F), as so redesignated, by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (D) in the flush text following subparagraph (F), as so redesignated-- (i) by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (ii) by striking ``subparagraph (E)'' and inserting ``subparagraph (F)''; and (2) in paragraph (4)(B), by striking ``paragraph (2)(C)'' and inserting ``paragraph (2)(D)''. RULE OF CONSTRUCTION. 6. EFFECTIVE DATE; APPLICABILITY. SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DEFINITIONS. In this Act: (1) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. 3. 307. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(b) Settlement Agreement Information Database.-- ``(1) Executive agency requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): ``(i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement-- ``(I) the order type of the settlement agreement; ``(II) the date on which the parties entered into the settlement agreement; ``(III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; ``(IV) the amount of attorneys' fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; ``(V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; ``(VI) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; ``(VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; ``(IX) the projected duration of the settlement agreement, if available; ``(X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; ``(XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; ``(XII) any modifications to the settlement agreement, when applicable; ``(XIII) notice and comments, when applicable; and ``(XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(C) Clarification of responsible agency.--In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. Information regarding settlement agreements.''. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (B) by inserting after subparagraph (A) the following: ``(B) each settlement agreement, as defined in section 307, entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''; (C) in subparagraph (F), as so redesignated, by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (D) in the flush text following subparagraph (F), as so redesignated-- (i) by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; and (ii) by striking ``subparagraph (E)'' and inserting ``subparagraph (F)''; and (2) in paragraph (4)(B), by striking ``paragraph (2)(C)'' and inserting ``paragraph (2)(D)''. RULE OF CONSTRUCTION. 6. EFFECTIVE DATE; APPLICABILITY. This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given the term in section 6501 of title 31. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( d) Deadline for First Submission.--Not later than 90 days after the date on which the Director issues the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency shall begin submitting information to the database established under such section 307. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. 2) Settlement agreement.--The term ``settlement agreement'' has the meaning given the term in section 307 of title 5, United States Code, as added by section 3(a) of this Act. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. ( ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. 2) Settlement agreement.--The term ``settlement agreement'' has the meaning given the term in section 307 of title 5, United States Code, as added by section 3(a) of this Act. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. ( ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given the term in section 6501 of title 31. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( d) Deadline for First Submission.--Not later than 90 days after the date on which the Director issues the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency shall begin submitting information to the database established under such section 307. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. 2) Settlement agreement.--The term ``settlement agreement'' has the meaning given the term in section 307 of title 5, United States Code, as added by section 3(a) of this Act. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. ( ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given the term in section 6501 of title 31. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( d) Deadline for First Submission.--Not later than 90 days after the date on which the Director issues the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency shall begin submitting information to the database established under such section 307. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. 2) Settlement agreement.--The term ``settlement agreement'' has the meaning given the term in section 307 of title 5, United States Code, as added by section 3(a) of this Act. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. ( ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given the term in section 6501 of title 31. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( d) Deadline for First Submission.--Not later than 90 days after the date on which the Director issues the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency shall begin submitting information to the database established under such section 307. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. 2) Settlement agreement.--The term ``settlement agreement'' has the meaning given the term in section 307 of title 5, United States Code, as added by section 3(a) of this Act. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. ( ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( This Act shall-- (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply-- (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. DETERMINATION OF BUDGETARY EFFECTS.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (c) Deadline To Establish Database.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). ( d) Deadline for First Submission.--Not later than 90 days after the date on which the Director issues the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency shall begin submitting information to the database established under such section 307. DETERMINATION OF BUDGETARY EFFECTS.

Settlement Agreement Information Database Act of 2022 - Amends Federal civil service law to require the publication of settlement agreements entered into by federal agencies, including a consent decree, that relate to an alleged violation of federal civil or criminal law. Requires the head of each executive agency to: (1) submit to the Office of Management and Budget (OMB) a list of each settlement agreement Amends the Freedom of Information Act to require the Director of the Office of Management and Budget (OMB) to: (1) issue guidance regarding the establishment of a settlement agreement information database; and (2) establish such database. (Sec. 4) Requires the head of each executive agency to begin submitting information to the database within 90 days after the Director issues such guidance. (

H.R.5485

Finance and Financial Sector

Whistleblower Protection Reform Act of 2021 This bill expands and revises whistleblower protections applicable to individuals who provide information to the Securities and Exchange Commission (SEC) relating to a violation of securities laws. The prohibition of retaliation against whistleblowers is expanded to include individuals who provide information regarding potential violations to supervisors or other employees in positions of authority, including as part of their job duties. Additionally, the bill establishes the burden of proof regarding an unfavorable personnel action against a whistleblower, including evidence needed to prove that the whistleblower's conduct was a contributing factor in such an action. The bill also deems as unenforceable a predispute arbitration agreement regarding such an action and makes additional categories of sanctions eligible for distribution as part of whistleblower awards.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. SEC. 2. WHISTLEBLOWER PROTECTION ENHANCEMENTS. (a) In General.--Section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6) is amended-- (1) in subsection (a)-- (A) in paragraph (4)-- (i) by striking subparagraph (A) and inserting the following: ``(A) any monies, including penalties, disgorgement, and interest, ordered to be paid or otherwise ordered as relief, including in-- ``(i) a non-prosecution agreement entered by the Attorney General; ``(ii) a deferred prosecution agreement entered by the Attorney General; and ``(iii) an agreement entered by the Commission to settle a covered judicial or administrative proceeding; and''; (ii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(C) any monies recovered by a bankruptcy trustee as a result of the original information provided by a whistleblower.''; and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals.''; (2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower.''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower.''; (5) in subsection (h)(1)-- (A) in subparagraph (A)-- (i) by striking ``, directly or indirectly,''; (ii) by striking ``discharge,'' and inserting ``directly or indirectly discharge''; (iii) by striking ``employment'' and inserting ``employment or post-employment''; (iv) in clause (i), by striking ``to the Commission'' and inserting ``to the Commission orally or in writing''; (v) in clause (ii), by striking ``or'' at the end; (vi) in clause (iii)-- (I) by striking ``that are required or protected under'' and inserting ``with respect to any conduct that the whistleblower reasonably believes evidences a violation of or is protected under''; and (II) by striking the period at the end and inserting ``; or''; and (vii) by adding at the end the following: ``(iv) in providing information regarding any conduct that has occurred, is ongoing, or is about to occur that the whistleblower reasonably believes constitutes a violation of any law, rule, or regulation subject to the jurisdiction of the Commission-- ``(I) a person with supervisory authority over the whistleblower at the whistleblower's employer, where such employer is an entity registered with or required to be registered with the Commission, a self-regulatory organization, or a State securities commission or office performing like functions; or ``(II) such other person working for the employer described under subclause (I) who has the authority to investigate, discover, or terminate misconduct.''; (B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(II) Establishment of contribution factor.--A whistleblower may establish that the protected conduct was a contributing factor in the personnel action through circumstantial evidence, including evidence that-- ``(aa) the official that took the personnel action knew of the protected conduct engaged in by the whistleblower; and ``(bb) the official that took the personnel action did so within a period of time such that a reasonable person could conclude that the protected conduct engaged in by the whistleblower was a contributing factor in the personnel action.''; and (ii) in clause (iii)(I)(bb), by striking ``3'' and inserting ``6''; and (C) in subparagraph (C)-- (i) in clause (ii), by striking ``and'' at the end; (ii) by striking clause (iii) and inserting the following: ``(iii) the payment of compensatory damages, including compensation for litigation costs, expert witness fees, and reasonable attorneys' fees; and''; and (iii) by adding at the end the following: ``(iv) any other appropriate remedy as determined by the Board with respect to the conduct that is the subject of the complaint.''; and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(2) Predispute arbitration agreement.--If a predispute arbitration agreement requires arbitration of a dispute arising under this section such predispute arbitration agreement is not valid or enforceable. ``(3) Effective date.--This subsection shall be effective with respect to any action or agreement that is filed on or after, or that is pending as of, the date of enactment of this Act.''. (b) Timely Processing of Claims.-- (1) In general.--Section 21F(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Multiple actions.--If a claim submitted by a whistleblower for an award under this section involves 1 or more related actions, the requirement described in clause (i) shall apply with respect to the latest of the submission deadlines applying to such claims. ``(B) Exceptions.-- ``(i) Initial extension.--If the Director of the Division of Enforcement of the Commission (in this paragraph referred to as the `Director'), determines that a claim is sufficiently complex or involves more than one whistleblower, or if other good cause exists such that, as determined by the Director, the Commission cannot reasonably satisfy the requirements described in subparagraph (A), the Director may, after providing notice to the Commission, extend the submission deadline established by the Commission for a whistleblower to file a claim as it applies to such by not more than 180 days. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days. ``(iii) Notice to whistleblower required.-- If the Director exercises the extension authority described under clause (i) or clause (ii), the Director shall submit to the whistleblower that filed the award claim that is subject to that extension action by the Director with a written notification of such extension action by the Director or the designee.''. (2) Rules.--The Securities and Exchange Commission shall, not later than one year after the date of the enactment of this Act, issue such rules as the Securities and Exchange Commission determines necessary to carry out section 21F(b)(3) of the Securities Exchange Act of 1934. (c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act. <all>

Whistleblower Protection Reform Act of 2021

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes.

Whistleblower Protection Reform Act of 2021

Rep. Green, Al

D

TX

This bill expands and revises whistleblower protections applicable to individuals who provide information to the Securities and Exchange Commission (SEC) relating to a violation of securities laws. The prohibition of retaliation against whistleblowers is expanded to include individuals who provide information regarding potential violations to supervisors or other employees in positions of authority, including as part of their job duties. Additionally, the bill establishes the burden of proof regarding an unfavorable personnel action against a whistleblower, including evidence needed to prove that the whistleblower's conduct was a contributing factor in such an action. The bill also deems as unenforceable a predispute arbitration agreement regarding such an action and makes additional categories of sanctions eligible for distribution as part of whistleblower awards.

SHORT TITLE. This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. SEC. WHISTLEBLOWER PROTECTION ENHANCEMENTS. ''; and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(2) Predispute arbitration agreement.--If a predispute arbitration agreement requires arbitration of a dispute arising under this section such predispute arbitration agreement is not valid or enforceable. ``(B) Exceptions.-- ``(i) Initial extension.--If the Director of the Division of Enforcement of the Commission (in this paragraph referred to as the `Director'), determines that a claim is sufficiently complex or involves more than one whistleblower, or if other good cause exists such that, as determined by the Director, the Commission cannot reasonably satisfy the requirements described in subparagraph (A), the Director may, after providing notice to the Commission, extend the submission deadline established by the Commission for a whistleblower to file a claim as it applies to such by not more than 180 days. ``(iii) Notice to whistleblower required.-- If the Director exercises the extension authority described under clause (i) or clause (ii), the Director shall submit to the whistleblower that filed the award claim that is subject to that extension action by the Director with a written notification of such extension action by the Director or the designee.''. (c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. WHISTLEBLOWER PROTECTION ENHANCEMENTS. ''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(2) Predispute arbitration agreement.--If a predispute arbitration agreement requires arbitration of a dispute arising under this section such predispute arbitration agreement is not valid or enforceable. ``(iii) Notice to whistleblower required.-- If the Director exercises the extension authority described under clause (i) or clause (ii), the Director shall submit to the whistleblower that filed the award claim that is subject to that extension action by the Director with a written notification of such extension action by the Director or the designee.''. (c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. SEC. WHISTLEBLOWER PROTECTION ENHANCEMENTS. ''; and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; (2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower. ''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(II) Establishment of contribution factor.--A whistleblower may establish that the protected conduct was a contributing factor in the personnel action through circumstantial evidence, including evidence that-- ``(aa) the official that took the personnel action knew of the protected conduct engaged in by the whistleblower; and ``(bb) the official that took the personnel action did so within a period of time such that a reasonable person could conclude that the protected conduct engaged in by the whistleblower was a contributing factor in the personnel action. ''; and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(2) Predispute arbitration agreement.--If a predispute arbitration agreement requires arbitration of a dispute arising under this section such predispute arbitration agreement is not valid or enforceable. ``(B) Exceptions.-- ``(i) Initial extension.--If the Director of the Division of Enforcement of the Commission (in this paragraph referred to as the `Director'), determines that a claim is sufficiently complex or involves more than one whistleblower, or if other good cause exists such that, as determined by the Director, the Commission cannot reasonably satisfy the requirements described in subparagraph (A), the Director may, after providing notice to the Commission, extend the submission deadline established by the Commission for a whistleblower to file a claim as it applies to such by not more than 180 days. ``(iii) Notice to whistleblower required.-- If the Director exercises the extension authority described under clause (i) or clause (ii), the Director shall submit to the whistleblower that filed the award claim that is subject to that extension action by the Director with a written notification of such extension action by the Director or the designee.''. (c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. SEC. WHISTLEBLOWER PROTECTION ENHANCEMENTS. 78u-6) is amended-- (1) in subsection (a)-- (A) in paragraph (4)-- (i) by striking subparagraph (A) and inserting the following: ``(A) any monies, including penalties, disgorgement, and interest, ordered to be paid or otherwise ordered as relief, including in-- ``(i) a non-prosecution agreement entered by the Attorney General; ``(ii) a deferred prosecution agreement entered by the Attorney General; and ``(iii) an agreement entered by the Commission to settle a covered judicial or administrative proceeding; and''; (ii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(C) any monies recovered by a bankruptcy trustee as a result of the original information provided by a whistleblower. ''; and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; (2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower. ''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower. ''; (B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(II) Establishment of contribution factor.--A whistleblower may establish that the protected conduct was a contributing factor in the personnel action through circumstantial evidence, including evidence that-- ``(aa) the official that took the personnel action knew of the protected conduct engaged in by the whistleblower; and ``(bb) the official that took the personnel action did so within a period of time such that a reasonable person could conclude that the protected conduct engaged in by the whistleblower was a contributing factor in the personnel action. ''; and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(2) Predispute arbitration agreement.--If a predispute arbitration agreement requires arbitration of a dispute arising under this section such predispute arbitration agreement is not valid or enforceable. (b) Timely Processing of Claims.-- (1) In general.--Section 21F(b) of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) Exceptions.-- ``(i) Initial extension.--If the Director of the Division of Enforcement of the Commission (in this paragraph referred to as the `Director'), determines that a claim is sufficiently complex or involves more than one whistleblower, or if other good cause exists such that, as determined by the Director, the Commission cannot reasonably satisfy the requirements described in subparagraph (A), the Director may, after providing notice to the Commission, extend the submission deadline established by the Commission for a whistleblower to file a claim as it applies to such by not more than 180 days. ``(iii) Notice to whistleblower required.-- If the Director exercises the extension authority described under clause (i) or clause (ii), the Director shall submit to the whistleblower that filed the award claim that is subject to that extension action by the Director with a written notification of such extension action by the Director or the designee.''. (c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. ''; and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( 2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower. ''; ( ''; (B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ''; and (ii) in clause (iii)(I)(bb), by striking ``3'' and inserting ``6''; and (C) in subparagraph (C)-- (i) in clause (ii), by striking ``and'' at the end; (ii) by striking clause (iii) and inserting the following: ``(iii) the payment of compensatory damages, including compensation for litigation costs, expert witness fees, and reasonable attorneys' fees; and''; and (iii) by adding at the end the following: ``(iv) any other appropriate remedy as determined by the Board with respect to the conduct that is the subject of the complaint. ''; and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Multiple actions.--If a claim submitted by a whistleblower for an award under this section involves 1 or more related actions, the requirement described in clause (i) shall apply with respect to the latest of the submission deadlines applying to such claims. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days. c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( ''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower. ''; ( B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days. (2) Rules.--The Securities and Exchange Commission shall, not later than one year after the date of the enactment of this Act, issue such rules as the Securities and Exchange Commission determines necessary to carry out section 21F(b)(3) of the Securities Exchange Act of 1934. ( c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( ''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower. ''; ( B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days. (2) Rules.--The Securities and Exchange Commission shall, not later than one year after the date of the enactment of this Act, issue such rules as the Securities and Exchange Commission determines necessary to carry out section 21F(b)(3) of the Securities Exchange Act of 1934. ( c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. ''; and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( 2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower. ''; ( ''; (B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ''; and (ii) in clause (iii)(I)(bb), by striking ``3'' and inserting ``6''; and (C) in subparagraph (C)-- (i) in clause (ii), by striking ``and'' at the end; (ii) by striking clause (iii) and inserting the following: ``(iii) the payment of compensatory damages, including compensation for litigation costs, expert witness fees, and reasonable attorneys' fees; and''; and (iii) by adding at the end the following: ``(iv) any other appropriate remedy as determined by the Board with respect to the conduct that is the subject of the complaint. ''; and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Multiple actions.--If a claim submitted by a whistleblower for an award under this section involves 1 or more related actions, the requirement described in clause (i) shall apply with respect to the latest of the submission deadlines applying to such claims. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days. c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( ''; (3) in subsection (c)(1)(B)(ii), by striking ``the balance of the Fund'' and inserting ``the balance of the Investor Protection Fund or the amount of the potential award''; (4) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) funding the operations of the Securities Exchange Commission Office of the Whistleblower. ''; ( B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days. (2) Rules.--The Securities and Exchange Commission shall, not later than one year after the date of the enactment of this Act, issue such rules as the Securities and Exchange Commission determines necessary to carry out section 21F(b)(3) of the Securities Exchange Act of 1934. ( c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. This Act may be cited as the ``Whistleblower Protection Reform Act of 2021''. ''; and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( 2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower. ''; ( ''; (B) in subparagraph (B)-- (i) by adding at the end the following: ``(iv) Jury.--Each party to an action brought under subsection (h) of this section shall be entitled to a trial by jury. ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ''; and (ii) in clause (iii)(I)(bb), by striking ``3'' and inserting ``6''; and (C) in subparagraph (C)-- (i) in clause (ii), by striking ``and'' at the end; (ii) by striking clause (iii) and inserting the following: ``(iii) the payment of compensatory damages, including compensation for litigation costs, expert witness fees, and reasonable attorneys' fees; and''; and (iii) by adding at the end the following: ``(iv) any other appropriate remedy as determined by the Board with respect to the conduct that is the subject of the complaint. ''; and (6) by adding at the end the following: ``(k) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration.-- ``(1) In general.--The rights and remedies provided under this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Multiple actions.--If a claim submitted by a whistleblower for an award under this section involves 1 or more related actions, the requirement described in clause (i) shall apply with respect to the latest of the submission deadlines applying to such claims. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days. c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( ''; ( 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. 2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower. ''; ( ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ''; and (ii) in clause (iii)(I)(bb), by striking ``3'' and inserting ``6''; and (C) in subparagraph (C)-- (i) in clause (ii), by striking ``and'' at the end; (ii) by striking clause (iii) and inserting the following: ``(iii) the payment of compensatory damages, including compensation for litigation costs, expert witness fees, and reasonable attorneys' fees; and''; and (iii) by adding at the end the following: ``(iv) any other appropriate remedy as determined by the Board with respect to the conduct that is the subject of the complaint. ''; 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. and (B) in paragraph (6)-- (i) by striking ``(6) whistleblower.--The term'' and inserting: ``(6) Whistleblower.-- ``(A) In general.--The term''; and (ii) by adding at the end the following: ``(B) Special rule.--Solely for the purposes of subsection (h)(1), the term `whistleblower' shall also include any individual who takes an action described in subsection (h)(1)(A), or two or more individuals acting jointly who take an action described in subsection (h)(1)(A), including as part of the job duties of such individual or individuals. ''; ( ''; ( 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. c) Effective Date.--Except as otherwise provided, the amendments made by this Act shall apply with respect to any claim involving a violation of section 21F(h)(1) of the Securities Act of 1934, including any claim in an enforcement action or proceeding brought by the Securities and Exchange Commission that is pending in any appropriate judicial or administrative forum on the date of the enactment of this Act.

To amend the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. 2) in subsection (b), by adding at the end the following: ``(3) Related actions.--When determining whether to pay an award to a whistleblower in a related action, the Commission may not consider whether another whistleblower reward program has a more direct or relevant connection to such related action based on information provided by such whistleblower. ''; ( ``(v) Burdens of proof.---- ``(I) In general.--With respect to any complaint filed under this paragraph by a whistleblower against an employer, a whistleblower shall prevail in the action upon a showing that protected conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. ''; and (ii) in clause (iii)(I)(bb), by striking ``3'' and inserting ``6''; and (C) in subparagraph (C)-- (i) in clause (ii), by striking ``and'' at the end; (ii) by striking clause (iii) and inserting the following: ``(iii) the payment of compensatory damages, including compensation for litigation costs, expert witness fees, and reasonable attorneys' fees; and''; and (iii) by adding at the end the following: ``(iv) any other appropriate remedy as determined by the Board with respect to the conduct that is the subject of the complaint. ''; 78u-6(b)) is amended by adding at the end the following: ``(3) Timely processing of claims.-- ``(A) Initial disposition.-- ``(i) In general.--Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to any claim timely submitted by a whistleblower for an award under this section not later than 1 year after the submission deadline established by the Commission, by rule, for a whistleblower to file a claim. ``(ii) Additional extensions.--If, after providing an extension under clause (i), the Director determines that the Commission cannot reasonably satisfy the requirements under subparagraph (A) with respect to an award claim, as extended under clause (i), the Director may, after providing notice to the Commission, extend the period in which the Commission may satisfy subparagraph (A) by 1 additional 180 days.

Whistleblower Protection Reform Act of 2021 - Amends the Securities Exchange Act of 1934 to expand the definition of whistleblower and increase anti-retaliation protections for whistleblowers, and for other purposes. (Sec. 2) Prohibits the Securities and Exchange Commission (SEC) from considering whether another whistleblower reward program has a more direct or relevant connection to a related action based on Amends the Securities Exchange Act of 1934 to require the Securities and Exchange Commission (SEC) to make an initial disposition of any claim timely submitted by a whistleblower for an award within one year after the submission deadline established by SEC rule for a whistleblower to file a claim. (Sec. 21F(b) is amended to allow the SEC Director of the Division of Enforcement to extend the submission

S.153

Taxation

Personalized Care Act of 2021 This bill revises provisions relating to health savings accounts (HSAs), including to

To amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Care Act of 2021''. SEC. 2. HEALTH SAVINGS ACCOUNT ELIGIBILITY. (a) In General.--Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Eligible individual.--The term `eligible individual' means, with respect to any month, any individual if such individual is-- ``(A) covered under-- ``(i) a group or individual health plan, ``(ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or ``(iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or ``(B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)), as of the 1st day of such month.''. (b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (2) Paragraphs (2)(A) and (2)(B) of section 223(b) of such Code are each amended by striking ``a high deductible health plan'' and inserting ``a health plan, insurance, or ministry described in subsection (c)(1)''. (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. (4) Section 223(g)(1) of such Code is amended-- (A) by striking ``subsections (b)(2) and (c)(2)(A)'' both places it appears and inserting ``subsection (b)(2)'', and (B) by striking ``for `calendar year 2016''' in subparagraph (B) and all that follows through ```calendar year 2003'.'' and inserting ```calendar year 1997' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking ``high deductible health plan''. (6) Section 26(b)(2)(S) of such Code is amended by striking ``high deductible health plan''. (7) The heading of paragraph (3) of section 106(e) of such Code is amended by striking ``high deductible health plan''. (8) Clause (ii) of section 106(e)(5)(B) of such Code is amended by striking ``a high deductible health plan'' and inserting ``a health plan''. (9) Paragraph (9) of section 408(d) of such Code is amended-- (A) by striking ``the high deductible health plan covering'' in subparagraph (C)(i)(I) and inserting ``health plan, insurance, or ministry of'', (B) by striking ``a high deductible health plan'' the first place it appears in subparagraph (C)(ii)(II) and inserting ``a health plan, insurance, or ministry described in section 223(c)(1)'', (C) by striking ``a high deductible health plan'' the second place it appears in subparagraph (C)(ii)(II) and inserting ``any such plan, insurance, or ministry'', and (D) by striking ``high deductible health plan'' in the heading of subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 3. INCREASE IN HSA CONTRIBUTION LIMITS. (a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. (b) Cost-of-Living Adjustment.--Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking ``Each'' and inserting ``In the case of a taxable year beginning after 2021, each'', and (2) by striking ``calendar year 1997'' and inserting ``calendar year 2020''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 4. PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. (a) In General.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking subparagraph (B), (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, (3) by striking ``Subparagraph (B) shall not apply to any expense for coverage under'' in subparagraph (B), as so redesignated, and inserting ``Subparagraph (A) shall not apply to any payment for insurance other than'', and (4) in subparagraph (B), as so redesignated-- (A) by striking ``or'' at the end of clause (iii), (B) by striking the period at the end of clause (iv) and inserting ``, or'', and (C) by adding at the end the following new clause: ``(v) a health plan or health insurance coverage described in subsection (c)(1)(A).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 5. TREATMENT OF MEDICAL CARE SERVICE ARRANGEMENTS. (a) Inclusion as Medical Expenses.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by section 4, is further amended by adding at the end the following new subparagraph: ``(D) Inclusion of medical care service arrangements.--The term `qualified medical expenses' shall include-- ``(i) periodic fees paid to a physician for a defined set of medical services or for the right to receive medical services on an as- needed basis, and ``(ii) amounts prepaid for medical services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness.''. (b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 6. PERIODIC PROVIDER FEES TREATED AS MEDICAL CARE. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 7. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS. (a) In General.--Section 223(e)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2020. SEC. 8. TREATMENT OF HEALTH CARE SHARING MINISTRIES. (a) Inclusion as Medical Expenses.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by sections 4 and 5, is further amended by adding at the end the following new subparagraph: ``(E) Inclusion of health care sharing ministries.--The term `qualified medical expenses' shall include amounts paid by a member of a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) for-- ``(i) the sharing of medical expenses among members, and ``(ii) administrative fees of the ministry.''. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

Personalized Care Act of 2021

A bill to amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes.

Personalized Care Act of 2021

Sen. Cruz, Ted

R

TX

This bill revises provisions relating to health savings accounts (HSAs), including to

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Care Act of 2021''. 2. HEALTH SAVINGS ACCOUNT ELIGIBILITY. (a) In General.--Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Eligible individual.--The term `eligible individual' means, with respect to any month, any individual if such individual is-- ``(A) covered under-- ``(i) a group or individual health plan, ``(ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or ``(iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or ``(B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)), as of the 1st day of such month.''. (4) Section 223(g)(1) of such Code is amended-- (A) by striking ``subsections (b)(2) and (c)(2)(A)'' both places it appears and inserting ``subsection (b)(2)'', and (B) by striking ``for `calendar year 2016''' in subparagraph (B) and all that follows through ```calendar year 2003'.'' and inserting ```calendar year 1997' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking ``high deductible health plan''. 3. INCREASE IN HSA CONTRIBUTION LIMITS. 4. PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. TREATMENT OF MEDICAL CARE SERVICE ARRANGEMENTS. 6. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. 7. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS. SEC. TREATMENT OF HEALTH CARE SHARING MINISTRIES. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Care Act of 2021''. 2. and inserting ```calendar year 1997' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking ``high deductible health plan''. 3. 4. PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. TREATMENT OF MEDICAL CARE SERVICE ARRANGEMENTS. 6. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. 7. SEC. TREATMENT OF HEALTH CARE SHARING MINISTRIES. (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 expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Care Act of 2021''. 2. HEALTH SAVINGS ACCOUNT ELIGIBILITY. (a) In General.--Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Eligible individual.--The term `eligible individual' means, with respect to any month, any individual if such individual is-- ``(A) covered under-- ``(i) a group or individual health plan, ``(ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or ``(iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or ``(B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)), as of the 1st day of such month.''. (4) Section 223(g)(1) of such Code is amended-- (A) by striking ``subsections (b)(2) and (c)(2)(A)'' both places it appears and inserting ``subsection (b)(2)'', and (B) by striking ``for `calendar year 2016''' in subparagraph (B) and all that follows through ```calendar year 2003'.'' and inserting ```calendar year 1997' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking ``high deductible health plan''. 3. INCREASE IN HSA CONTRIBUTION LIMITS. 4. PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. (a) In General.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking subparagraph (B), (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, (3) by striking ``Subparagraph (B) shall not apply to any expense for coverage under'' in subparagraph (B), as so redesignated, and inserting ``Subparagraph (A) shall not apply to any payment for insurance other than'', and (4) in subparagraph (B), as so redesignated-- (A) by striking ``or'' at the end of clause (iii), (B) by striking the period at the end of clause (iv) and inserting ``, or'', and (C) by adding at the end the following new clause: ``(v) a health plan or health insurance coverage described in subsection (c)(1)(A).''. TREATMENT OF MEDICAL CARE SERVICE ARRANGEMENTS. 6. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. 7. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS. (a) In General.--Section 223(e)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``10 percent''. SEC. TREATMENT OF HEALTH CARE SHARING MINISTRIES. (a) Inclusion as Medical Expenses.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by sections 4 and 5, is further amended by adding at the end the following new subparagraph: ``(E) Inclusion of health care sharing ministries.--The term `qualified medical expenses' shall include amounts paid by a member of a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) for-- ``(i) the sharing of medical expenses among members, and ``(ii) administrative fees of the ministry.''. (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 expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Care Act of 2021''. 2. HEALTH SAVINGS ACCOUNT ELIGIBILITY. (a) In General.--Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Eligible individual.--The term `eligible individual' means, with respect to any month, any individual if such individual is-- ``(A) covered under-- ``(i) a group or individual health plan, ``(ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or ``(iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or ``(B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)), as of the 1st day of such month.''. (4) Section 223(g)(1) of such Code is amended-- (A) by striking ``subsections (b)(2) and (c)(2)(A)'' both places it appears and inserting ``subsection (b)(2)'', and (B) by striking ``for `calendar year 2016''' in subparagraph (B) and all that follows through ```calendar year 2003'.'' and inserting ```calendar year 1997' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking ``high deductible health plan''. (7) The heading of paragraph (3) of section 106(e) of such Code is amended by striking ``high deductible health plan''. (9) Paragraph (9) of section 408(d) of such Code is amended-- (A) by striking ``the high deductible health plan covering'' in subparagraph (C)(i)(I) and inserting ``health plan, insurance, or ministry of'', (B) by striking ``a high deductible health plan'' the first place it appears in subparagraph (C)(ii)(II) and inserting ``a health plan, insurance, or ministry described in section 223(c)(1)'', (C) by striking ``a high deductible health plan'' the second place it appears in subparagraph (C)(ii)(II) and inserting ``any such plan, insurance, or ministry'', and (D) by striking ``high deductible health plan'' in the heading of subparagraph (D). 3. INCREASE IN HSA CONTRIBUTION LIMITS. (a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. 4. PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. (a) In General.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking subparagraph (B), (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, (3) by striking ``Subparagraph (B) shall not apply to any expense for coverage under'' in subparagraph (B), as so redesignated, and inserting ``Subparagraph (A) shall not apply to any payment for insurance other than'', and (4) in subparagraph (B), as so redesignated-- (A) by striking ``or'' at the end of clause (iii), (B) by striking the period at the end of clause (iv) and inserting ``, or'', and (C) by adding at the end the following new clause: ``(v) a health plan or health insurance coverage described in subsection (c)(1)(A).''. TREATMENT OF MEDICAL CARE SERVICE ARRANGEMENTS. (a) Inclusion as Medical Expenses.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by section 4, is further amended by adding at the end the following new subparagraph: ``(D) Inclusion of medical care service arrangements.--The term `qualified medical expenses' shall include-- ``(i) periodic fees paid to a physician for a defined set of medical services or for the right to receive medical services on an as- needed basis, and ``(ii) amounts prepaid for medical services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness.''. 6. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. 7. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS. (a) In General.--Section 223(e)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``10 percent''. SEC. TREATMENT OF HEALTH CARE SHARING MINISTRIES. (a) Inclusion as Medical Expenses.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by sections 4 and 5, is further amended by adding at the end the following new subparagraph: ``(E) Inclusion of health care sharing ministries.--The term `qualified medical expenses' shall include amounts paid by a member of a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) for-- ``(i) the sharing of medical expenses among members, and ``(ii) administrative fees of the ministry.''. (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 expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( 3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. ( PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( 6) Section 26(b)(2)(S) of such Code is amended by striking ``high deductible health plan''. ( (b) Cost-of-Living Adjustment.--Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking ``Each'' and inserting ``In the case of a taxable year beginning after 2021, each'', and (2) by striking ``calendar year 1997'' and inserting ``calendar year 2020''. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( 6) Section 26(b)(2)(S) of such Code is amended by striking ``high deductible health plan''. ( (b) Cost-of-Living Adjustment.--Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking ``Each'' and inserting ``In the case of a taxable year beginning after 2021, each'', and (2) by striking ``calendar year 1997'' and inserting ``calendar year 2020''. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( 3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. ( PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( 6) Section 26(b)(2)(S) of such Code is amended by striking ``high deductible health plan''. ( (b) Cost-of-Living Adjustment.--Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking ``Each'' and inserting ``In the case of a taxable year beginning after 2021, each'', and (2) by striking ``calendar year 1997'' and inserting ``calendar year 2020''. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( 3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. ( PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( 6) Section 26(b)(2)(S) of such Code is amended by striking ``high deductible health plan''. ( (b) Cost-of-Living Adjustment.--Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking ``Each'' and inserting ``In the case of a taxable year beginning after 2021, each'', and (2) by striking ``calendar year 1997'' and inserting ``calendar year 2020''. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( 3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. ( PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. ( (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. ( 6) Section 26(b)(2)(S) of such Code is amended by striking ``high deductible health plan''. ( (b) Cost-of-Living Adjustment.--Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking ``Each'' and inserting ``In the case of a taxable year beginning after 2021, each'', and (2) by striking ``calendar year 1997'' and inserting ``calendar year 2020''. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( 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 expand and improve health savings accounts, and for other purposes. a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. ( ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. ( (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020.

Personalized Care Act of 2021 This bill amends the Internal Revenue Code to expand and improve health savings accounts, and for other purposes. The bill defines "eligible individual" as any individual if such individual is: (1) covered under a group or individual health plan, (2) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or (3 Amends the Internal Revenue Code to: (1) treat periodic fees paid to a physician for a defined set of medical services or for the right to receive medical services on an as-needed basis as medical expenses; and (2) treat health care sharing ministries as health plans or insurance. (Sec. 6) Repeals the 20 percent penalty for nonqualified distributions.

H.R.1462

Transportation and Public Works

Civil Aviation Security and Safety Act of 2021 This bill revises and sets forth new requirements for the registration of civilian aircraft. For example, the Federal Aviation Administration (FAA) must conduct a comprehensive review of the process under which it reviews and approves aircraft registration applications and dealer certificates. The bill revises application requirements for aircraft registration to include name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of an application. Additionally, the FAA must

To modify the requirements for the registration of certain aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Aviation Security and Safety Act of 2021''. SEC. 2. COMPREHENSIVE REVIEW OF REGISTRATION APPLICATIONS. (a) In General.--The Administrator, in consultation with the Drug Enforcement Administration of the Department of Justice, Homeland Security Investigations of the Department of Homeland Security, the Office of Foreign Assets Control of the Department of Treasury, the National Transportation Safety Board, and the Office of the Inspector General of the Department of Transportation, shall conduct a comprehensive review of the process under which the Administration reviews and approves aircraft registration applications and dealer certifications under chapter 441 of title 49, United States Code. (b) Contents of Review.--The review under subsection (a) shall include the identification of criminal, national security, or safety risks arising from the Civil Aviation Registry process under chapter 441 of title 49, United States Code. (c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the review under subsection (a). (d) Regulations Required.--Not later than 180 days after the submission of the report under subsection (c), the Administrator shall issue such regulations as are necessary to require the collection and recording of any personal identifiable information identified under the comprehensive review under subsection (a) determined to be reasonably necessary for the mitigation of criminal, national security, or safety risks under chapter 441 of title 49, United States Code. SEC. 3. REGISTRATION OF AIRCRAFT. Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. ``(2) Submission by entity.--Each entity that is not publicly traded submitting an application under this section shall include-- ``(A) the name, date of birth, physical address, and driver's license or pilot's license (or both if applicable), and applicant photos for each individual that owns more than 25 percent of the aircraft in the submission of such application; and ``(B) the name, physical address, State of residence, and taxpayer identification number for each entity that owns more than 25 percent of the aircraft in the submission of such application. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. ``(e) Restriction of Certain Entities.--Notwithstanding any other provision of this chapter, the Administrator may not issue a registration or dealer certificate under this chapter to any individual or entity listed on the sanctions list of the Office of Foreign Assets Control.''. SEC. 4. REGISTRATION REQUIREMENTS. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(f) Nature of Modifications.--Modifications made under subsection (e) of this section-- ``(1) may include a system of titling aircraft or registering all aircraft, even aircraft not operated; ``(2) shall ensure positive, verifiable, and timely identification of the true owner; and ``(3) shall address at least each of the following deficiencies in and abuses of the existing system: ``(A) The registration of aircraft to fictitious persons. ``(B) The use of false or nonexistent addresses by persons registering aircraft. ``(C) The use by a person registering an aircraft of a post office box or `mail drop' as a return address to evade identification of the person's address. ``(D) The registration of aircraft to entities established to facilitate unlawful activities. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(F) The ability to make frequent legal changes in the registration markings assigned to aircraft. ``(G) The use of false registration markings on aircraft. ``(H) The illegal use of `reserved' registration markings on aircraft. ``(I) The large number of aircraft classified as being in `self-reported status'. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. ``(K) The practice of allowing temporary operation and navigation of aircraft without the issuance of a certificate of registration.''. SEC. 5. REGISTRATION FEES. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). SEC. 6. INFORMATION TECHNOLOGY MODERNIZATION. In carrying out this Act, the Administrator shall ensure that, as the Administration undertakes information technology modernization efforts, the information collected in ancillary files or in PDF format on owners and related individuals and entities with potentially significant responsibilities for aircraft ownership (including beneficial owners (as such term is defined in section 5901 of title 49, United States Code), trustors, trustees, beneficiaries, stockholders, directors, and managers) and declaration of international operations are recorded in an electronic format that facilitates data analytics by the Administration and relevant Federal national security, law enforcement, and public safety agencies. The Administrator shall ensure that such information is linked through a common identifier. The Administrator shall ensure that modernization efforts include the development and implementation of a process by which the Administration may easily review relevant Office of Foreign Asset Control sanctions data on registration and dealer certificate applicants under section 44103 of title 49, United States Code, and flag sanctioned applicants for such Office. SEC. 7. INTERNATIONAL OPERATIONS. The Administrator shall provide to the Drug Enforcement Administration and Homeland Security Investigations declarations of international operations of the Federal Aviation Administration to maximize the ability of Federal national security and law enforcement agencies to assist the Administration in preventing use of the Civil Aviation Registry for illicit purposes and detect trade-based money laundering and other cross-border schemes. SEC. 8. SUSPENSION AND REVOCATION OF CERTIFICATES. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement an enforcement mechanism for suspending and revoking dealer certificates under chapter 441 of title 49, United States Code. SEC. 9. AIRCRAFT REGISTRY TASK FORCE. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. (b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. (c) Termination.--The Task Force under this section shall not terminate. <all>

Civil Aviation Security and Safety Act of 2021

To modify the requirements for the registration of certain aircraft, and for other purposes.

Civil Aviation Security and Safety Act of 2021

Rep. Lynch, Stephen F.

D

MA

This bill revises and sets forth new requirements for the registration of civilian aircraft. For example, the Federal Aviation Administration (FAA) must conduct a comprehensive review of the process under which it reviews and approves aircraft registration applications and dealer certificates. The bill revises application requirements for aircraft registration to include name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of an application. Additionally, the FAA must

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 ``Civil Aviation Security and Safety Act of 2021''. 2. COMPREHENSIVE REVIEW OF REGISTRATION APPLICATIONS. (c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the review under subsection (a). 3. REGISTRATION OF AIRCRAFT. Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. 4. REGISTRATION REQUIREMENTS. 802)); and ``(3) other users of the process. ``(B) The use of false or nonexistent addresses by persons registering aircraft. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(F) The ability to make frequent legal changes in the registration markings assigned to aircraft. ``(I) The large number of aircraft classified as being in `self-reported status'. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. 5. REGISTRATION FEES. 6. INFORMATION TECHNOLOGY MODERNIZATION. 7. INTERNATIONAL OPERATIONS. The Administrator shall provide to the Drug Enforcement Administration and Homeland Security Investigations declarations of international operations of the Federal Aviation Administration to maximize the ability of Federal national security and law enforcement agencies to assist the Administration in preventing use of the Civil Aviation Registry for illicit purposes and detect trade-based money laundering and other cross-border schemes. 8. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement an enforcement mechanism for suspending and revoking dealer certificates under chapter 441 of title 49, United States Code. SEC. 9. (c) Termination.--The Task Force under this section shall not terminate.

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 ``Civil Aviation Security and Safety Act of 2021''. 2. COMPREHENSIVE REVIEW OF REGISTRATION APPLICATIONS. 3. REGISTRATION OF AIRCRAFT. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. REGISTRATION REQUIREMENTS. 802)); and ``(3) other users of the process. ``(B) The use of false or nonexistent addresses by persons registering aircraft. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(F) The ability to make frequent legal changes in the registration markings assigned to aircraft. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. INFORMATION TECHNOLOGY MODERNIZATION. 7. INTERNATIONAL OPERATIONS. The Administrator shall provide to the Drug Enforcement Administration and Homeland Security Investigations declarations of international operations of the Federal Aviation Administration to maximize the ability of Federal national security and law enforcement agencies to assist the Administration in preventing use of the Civil Aviation Registry for illicit purposes and detect trade-based money laundering and other cross-border schemes. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement an enforcement mechanism for suspending and revoking dealer certificates under chapter 441 of title 49, United States Code. SEC. (c) Termination.--The Task Force under this section shall not terminate.

To modify the requirements for the registration of certain aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Aviation Security and Safety Act of 2021''. 2. COMPREHENSIVE REVIEW OF REGISTRATION APPLICATIONS. (c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the review under subsection (a). 3. REGISTRATION OF AIRCRAFT. Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. 4. REGISTRATION REQUIREMENTS. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(B) The use of false or nonexistent addresses by persons registering aircraft. ``(C) The use by a person registering an aircraft of a post office box or `mail drop' as a return address to evade identification of the person's address. ``(D) The registration of aircraft to entities established to facilitate unlawful activities. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(F) The ability to make frequent legal changes in the registration markings assigned to aircraft. ``(I) The large number of aircraft classified as being in `self-reported status'. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. ``(K) The practice of allowing temporary operation and navigation of aircraft without the issuance of a certificate of registration.''. 5. REGISTRATION FEES. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). 6. INFORMATION TECHNOLOGY MODERNIZATION. 7. INTERNATIONAL OPERATIONS. The Administrator shall provide to the Drug Enforcement Administration and Homeland Security Investigations declarations of international operations of the Federal Aviation Administration to maximize the ability of Federal national security and law enforcement agencies to assist the Administration in preventing use of the Civil Aviation Registry for illicit purposes and detect trade-based money laundering and other cross-border schemes. 8. SUSPENSION AND REVOCATION OF CERTIFICATES. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement an enforcement mechanism for suspending and revoking dealer certificates under chapter 441 of title 49, United States Code. SEC. 9. (c) Termination.--The Task Force under this section shall not terminate.

To modify the requirements for the registration of certain aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Aviation Security and Safety Act of 2021''. 2. COMPREHENSIVE REVIEW OF REGISTRATION APPLICATIONS. (a) In General.--The Administrator, in consultation with the Drug Enforcement Administration of the Department of Justice, Homeland Security Investigations of the Department of Homeland Security, the Office of Foreign Assets Control of the Department of Treasury, the National Transportation Safety Board, and the Office of the Inspector General of the Department of Transportation, shall conduct a comprehensive review of the process under which the Administration reviews and approves aircraft registration applications and dealer certifications under chapter 441 of title 49, United States Code. (c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the review under subsection (a). 3. REGISTRATION OF AIRCRAFT. Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. ``(2) Submission by entity.--Each entity that is not publicly traded submitting an application under this section shall include-- ``(A) the name, date of birth, physical address, and driver's license or pilot's license (or both if applicable), and applicant photos for each individual that owns more than 25 percent of the aircraft in the submission of such application; and ``(B) the name, physical address, State of residence, and taxpayer identification number for each entity that owns more than 25 percent of the aircraft in the submission of such application. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. 4. REGISTRATION REQUIREMENTS. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(B) The use of false or nonexistent addresses by persons registering aircraft. ``(C) The use by a person registering an aircraft of a post office box or `mail drop' as a return address to evade identification of the person's address. ``(D) The registration of aircraft to entities established to facilitate unlawful activities. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(F) The ability to make frequent legal changes in the registration markings assigned to aircraft. ``(H) The illegal use of `reserved' registration markings on aircraft. ``(I) The large number of aircraft classified as being in `self-reported status'. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. ``(K) The practice of allowing temporary operation and navigation of aircraft without the issuance of a certificate of registration.''. 5. REGISTRATION FEES. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). 6. INFORMATION TECHNOLOGY MODERNIZATION. In carrying out this Act, the Administrator shall ensure that, as the Administration undertakes information technology modernization efforts, the information collected in ancillary files or in PDF format on owners and related individuals and entities with potentially significant responsibilities for aircraft ownership (including beneficial owners (as such term is defined in section 5901 of title 49, United States Code), trustors, trustees, beneficiaries, stockholders, directors, and managers) and declaration of international operations are recorded in an electronic format that facilitates data analytics by the Administration and relevant Federal national security, law enforcement, and public safety agencies. The Administrator shall ensure that such information is linked through a common identifier. 7. INTERNATIONAL OPERATIONS. The Administrator shall provide to the Drug Enforcement Administration and Homeland Security Investigations declarations of international operations of the Federal Aviation Administration to maximize the ability of Federal national security and law enforcement agencies to assist the Administration in preventing use of the Civil Aviation Registry for illicit purposes and detect trade-based money laundering and other cross-border schemes. 8. SUSPENSION AND REVOCATION OF CERTIFICATES. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement an enforcement mechanism for suspending and revoking dealer certificates under chapter 441 of title 49, United States Code. SEC. 9. (c) Termination.--The Task Force under this section shall not terminate.

To modify the requirements for the registration of certain aircraft, and for other purposes. c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the review under subsection (a). (d) Regulations Required.--Not later than 180 days after the submission of the report under subsection (c), the Administrator shall issue such regulations as are necessary to require the collection and recording of any personal identifiable information identified under the comprehensive review under subsection (a) determined to be reasonably necessary for the mitigation of criminal, national security, or safety risks under chapter 441 of title 49, United States Code. Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(I) The large number of aircraft classified as being in `self-reported status'. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). The Administrator shall ensure that modernization efforts include the development and implementation of a process by which the Administration may easily review relevant Office of Foreign Asset Control sanctions data on registration and dealer certificate applicants under section 44103 of title 49, United States Code, and flag sanctioned applicants for such Office. a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. (b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. ( c) Termination.--The Task Force under this section shall not terminate.

To modify the requirements for the registration of certain aircraft, and for other purposes. b) Contents of Review.--The review under subsection (a) shall include the identification of criminal, national security, or safety risks arising from the Civil Aviation Registry process under chapter 441 of title 49, United States Code. ( Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(H) The illegal use of `reserved' registration markings on aircraft. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). The Administrator shall ensure that modernization efforts include the development and implementation of a process by which the Administration may easily review relevant Office of Foreign Asset Control sanctions data on registration and dealer certificate applicants under section 44103 of title 49, United States Code, and flag sanctioned applicants for such Office. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. ( b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. (

To modify the requirements for the registration of certain aircraft, and for other purposes. b) Contents of Review.--The review under subsection (a) shall include the identification of criminal, national security, or safety risks arising from the Civil Aviation Registry process under chapter 441 of title 49, United States Code. ( Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(H) The illegal use of `reserved' registration markings on aircraft. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). The Administrator shall ensure that modernization efforts include the development and implementation of a process by which the Administration may easily review relevant Office of Foreign Asset Control sanctions data on registration and dealer certificate applicants under section 44103 of title 49, United States Code, and flag sanctioned applicants for such Office. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. ( b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. (

To modify the requirements for the registration of certain aircraft, and for other purposes. c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the review under subsection (a). (d) Regulations Required.--Not later than 180 days after the submission of the report under subsection (c), the Administrator shall issue such regulations as are necessary to require the collection and recording of any personal identifiable information identified under the comprehensive review under subsection (a) determined to be reasonably necessary for the mitigation of criminal, national security, or safety risks under chapter 441 of title 49, United States Code. Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(I) The large number of aircraft classified as being in `self-reported status'. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). The Administrator shall ensure that modernization efforts include the development and implementation of a process by which the Administration may easily review relevant Office of Foreign Asset Control sanctions data on registration and dealer certificate applicants under section 44103 of title 49, United States Code, and flag sanctioned applicants for such Office. a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. (b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. ( c) Termination.--The Task Force under this section shall not terminate.

To modify the requirements for the registration of certain aircraft, and for other purposes. b) Contents of Review.--The review under subsection (a) shall include the identification of criminal, national security, or safety risks arising from the Civil Aviation Registry process under chapter 441 of title 49, United States Code. ( Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(H) The illegal use of `reserved' registration markings on aircraft. ``(J) The lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). The Administrator shall ensure that modernization efforts include the development and implementation of a process by which the Administration may easily review relevant Office of Foreign Asset Control sanctions data on registration and dealer certificate applicants under section 44103 of title 49, United States Code, and flag sanctioned applicants for such Office. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. ( b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. (

To modify the requirements for the registration of certain aircraft, and for other purposes. c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the review under subsection (a). (d) Regulations Required.--Not later than 180 days after the submission of the report under subsection (c), the Administrator shall issue such regulations as are necessary to require the collection and recording of any personal identifiable information identified under the comprehensive review under subsection (a) determined to be reasonably necessary for the mitigation of criminal, national security, or safety risks under chapter 441 of title 49, United States Code. Section 44102 of title 49, United States Code, is amended by adding at the end the following: ``(c) Application Requirements.-- ``(1) In general.--Each owner of an aircraft submitting an application under this section shall include the name, address, date of birth, driver's license or pilot's license (or both if applicable), and applicant photos in the submission of such application. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. ``(I) The large number of aircraft classified as being in `self-reported status'. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). The Administrator shall ensure that modernization efforts include the development and implementation of a process by which the Administration may easily review relevant Office of Foreign Asset Control sanctions data on registration and dealer certificate applicants under section 44103 of title 49, United States Code, and flag sanctioned applicants for such Office. a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. (b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. ( c) Termination.--The Task Force under this section shall not terminate.

To modify the requirements for the registration of certain aircraft, and for other purposes. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. (

To modify the requirements for the registration of certain aircraft, and for other purposes. d) Regulations Required.--Not later than 180 days after the submission of the report under subsection (c), the Administrator shall issue such regulations as are necessary to require the collection and recording of any personal identifiable information identified under the comprehensive review under subsection (a) determined to be reasonably necessary for the mitigation of criminal, national security, or safety risks under chapter 441 of title 49, United States Code. ``(d) Review of Information.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall review Office of Foreign Assets Control sanctions data on individuals and entities described in subsection (c) with potentially significant responsibilities for aircraft ownership for coordination with the Office of Foreign Assets Control in order to identify Office of Foreign Assets Control-sanctioned applicants to the Office of Foreign Assets Control before issuing a registration or dealer certificate under this chapter. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). (b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. ( c) Termination.--The Task Force under this section shall not terminate.

To modify the requirements for the registration of certain aircraft, and for other purposes. Section 44103 of title 49, United States Code, is amended by adding at the end the following: ``(d) Verification of Eligibility.--Beginning on the date of enactment of the Civil Aviation Security and Safety Act of 2021, the Administrator shall ensure that all eligibility and registration information provided in an application for an aircraft under this chapter is true and correct and any deficiency described in subsection (f) is addressed before issuing a registration or dealer certificate under this chapter. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to increase the fees for registration of an aircraft under section 44103 of title 49, United States Code, to a level sufficient to cover the costs of efforts of the Administration to collect and verify applicant data and to cover the costs of inflation (to reflect the change in the Consumer Price Index for All Urban Consumers). a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Registry Task Force (in this section referred to as the ``Task Force'') to examine national security, law enforcement, and public safety issues related to civil aircraft registration and developing solutions to mitigate security and safety risks and increase inter-agency cooperation. (

To modify the requirements for the registration of certain aircraft, and for other purposes. ``(e) Authority To Make Modifications.--The Administrator shall make modifications in the application process under this chapter necessary to make the process more effective in serving the needs of-- ``(1) buyers and sellers of aircraft; ``(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and ``(3) other users of the process. ``(E) The submission of names of individuals on applications for registration of aircraft that are not identifiable. b) Membership.--The Task Force shall include-- (1) the Administrator of the Administration; and (2) representatives of-- (A) the Drug Enforcement Administration; (B) Homeland Security Investigations; (C) the Office of Foreign Asset Control; and (D) any other Federal national security, law enforcement, or public safety entity determined necessary by the Administrator to facilitate the task force's mission. (

Civil Aviation Security and Safety Act of 2021 - Directs the Administrator of the Federal Aviation Administration (FAA) to conduct a comprehensive review of the process under which the FAA reviews and approves aircraft registration applications and dealer certifications. Requires the review to include the identification of criminal, national security, or safety risks arising from the Civil Aviation Registry process. Requires each owner of an aircraft Directs the Administrator of the Federal Aviation Administration (FAA) to: (1) increase the fees for registration of an aircraft to a level sufficient to cover the costs of efforts of the FAA to collect and verify applicant data and to cover inflation; and (2) provide to the Drug Enforcement Administration (DEA) and Homeland Security Investigations (HSI) declarations of international operations of

H.R.5521

Commerce

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

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

Rural Capital Access Act

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

Rural Capital Access Act

Rep. Joyce, David P.

R

OH

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Capital Access Act''. 2. DEFINITIONS. RURAL BUSINESS INVESTMENT. (a) In General.--The Small Business Investment Act of 1958 (15 U.S.C. 1991(a)). ``(ii) Additional leverage.-- ``(I) In general.--In calculating the outstanding leverage of a company for the purposes of subparagraph (A), the Administrator shall not include the amount of the cost basis of any equity investment made by the company in a smaller enterprise located in a rural area if the Administrator, after performing an appropriate evaluation, determines that such an exclusion will not result in additional risk to the Administration or the Federal Government. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ''; (C) in section 310(d)(1)(A) (15 U.S.C. 321. 2009cc); and ``(3) the term `Secretary' means the Secretary of Agriculture. ``(b) Leverage.-- ``(1) In general.--Subject to paragraph (2), if the Administration determines under subsection (c) that the Administration will be unable to expend all of the covered amounts for a particular fiscal year, the Administration shall expend those unexpended covered amounts for that fiscal year to grant leverage to rural business investment companies for the purposes described in this part if, with respect to that fiscal year, the Secretary determines that the Secretary is unable to grant leverage to rural business investment companies in a manner that is sufficient to satisfy the leverage needs of those rural business investment companies. (2) Update to rules.--Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. SEC. 4. INTERAGENCY WORKING GROUP. 681 et seq.) and the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. (2) Compensation.--No member of the working group may receive any compensation by reason of the service of the member on the working group. (e) Implementation of Recommendations.--Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. (f) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.)

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

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

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. a) In General.--The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). B) in section 308(g)(3) (15 U.S.C. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ''; ( 687b(d)(1)(A)), by inserting ``(including each rural business investment company that receives leverage under section 321)'' after ``Each licensee''; and (D) by adding at the end the following: ``SEC. RURAL BUSINESS INVESTMENT COMPANIES. ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) ``(c) Internal Evaluation.--Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. ''; b) SBA Requirements.-- (1) Establishment of application process.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. ( (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop-- (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) respectively; and (2) legislative recommendations for improving capital access and investment in rural areas of the United States through the programs described in paragraph (1), including by increasing the number of licensees under those programs. ( (c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. ( d) Termination.--The working group shall terminate upon submission of the report required under subsection (c). (

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. A) in section 303(b)(2) (15 U.S.C. 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). ``(II) Limitation.--The amount excluded under subclause (I) for a company shall not exceed $25,000,000 in any fiscal year. ''; ( B) in section 308(g)(3) (15 U.S.C. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ''; ( ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) b) SBA Requirements.-- (1) Establishment of application process.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. (2) Update to rules.--Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. ( (e) Implementation of Recommendations.--Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. ( f) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.)

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. A) in section 303(b)(2) (15 U.S.C. 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). ``(II) Limitation.--The amount excluded under subclause (I) for a company shall not exceed $25,000,000 in any fiscal year. ''; ( B) in section 308(g)(3) (15 U.S.C. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ''; ( ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) b) SBA Requirements.-- (1) Establishment of application process.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. (2) Update to rules.--Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. ( (e) Implementation of Recommendations.--Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. ( f) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.)

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. a) In General.--The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). B) in section 308(g)(3) (15 U.S.C. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ''; ( 687b(d)(1)(A)), by inserting ``(including each rural business investment company that receives leverage under section 321)'' after ``Each licensee''; and (D) by adding at the end the following: ``SEC. RURAL BUSINESS INVESTMENT COMPANIES. ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) ``(c) Internal Evaluation.--Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. ''; b) SBA Requirements.-- (1) Establishment of application process.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. ( (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop-- (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) respectively; and (2) legislative recommendations for improving capital access and investment in rural areas of the United States through the programs described in paragraph (1), including by increasing the number of licensees under those programs. ( (c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. ( d) Termination.--The working group shall terminate upon submission of the report required under subsection (c). (

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. A) in section 303(b)(2) (15 U.S.C. 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). ``(II) Limitation.--The amount excluded under subclause (I) for a company shall not exceed $25,000,000 in any fiscal year. ''; ( B) in section 308(g)(3) (15 U.S.C. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ''; ( ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) b) SBA Requirements.-- (1) Establishment of application process.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. (2) Update to rules.--Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. ( (e) Implementation of Recommendations.--Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. ( f) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.)

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. a) In General.--The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). B) in section 308(g)(3) (15 U.S.C. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received. ''; ( 687b(d)(1)(A)), by inserting ``(including each rural business investment company that receives leverage under section 321)'' after ``Each licensee''; and (D) by adding at the end the following: ``SEC. RURAL BUSINESS INVESTMENT COMPANIES. ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) ``(c) Internal Evaluation.--Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. ''; b) SBA Requirements.-- (1) Establishment of application process.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. ( (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop-- (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) respectively; and (2) legislative recommendations for improving capital access and investment in rural areas of the United States through the programs described in paragraph (1), including by increasing the number of licensees under those programs. ( (c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. ( d) Termination.--The working group shall terminate upon submission of the report required under subsection (c). (

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) (2) Update to rules.--Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. e) Implementation of Recommendations.--Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. (

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) ``(c) Internal Evaluation.--Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. ''; ( (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop-- (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. (

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) (2) Update to rules.--Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. e) Implementation of Recommendations.--Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. (

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) ``(c) Internal Evaluation.--Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made. ''; ( (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop-- (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. (

Rural Capital Access Act - Amends the Small Business Investment Act of 1958 (SBA) to provide for additional leverage for rural business investment companies. (Sec. 2) Amends SBA title III (Leverage) to exclude from the outstanding leverage of a company the cost basis of any equity investment made by the company in a smaller enterprise located in a rural area Directs the Administrator of the Small Business Administration (SBA) to establish an interagency working group to develop: (1) administrative recommendations for improving the coordination between the SBA and the Department of Agriculture (USDA) in administering the program carried out under part A of title III (Small Business Investment Act of 1958) and the program under the Consolidated Farm and Rural Development Act

H.R.9070

Arts, Culture, Religion

National Museum of American LGBTQ+ History and Culture Act This bill establishes within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture. The museum (1) may carry out educational and liaison programs in support of its goals, and (2) shall establish specified grant and scholarship programs.

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. Be it enacted by the Senate 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 Museum of American LGBTQ+ History and Culture Act''. SEC. 2. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Smithsonian Institution. (2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. (3) Museum.--The term ``Museum'' means the National Museum of American LGBTQ+ History and Culture established by section 3. (4) Secretary.--The term ``Secretary'' means the Secretary of the Smithsonian Institution. SEC. 3. ESTABLISHMENT OF MUSEUM. (a) Establishment.--There is established within the Smithsonian Institution a museum to be known as the ``National Museum of American LGBTQ+ History and Culture''. (b) Purpose.--The purpose of the Museum shall be to provide for-- (1) the collection, study, and establishment of programs relating to American LGBTQ+ life, art, history, and culture; (2) the creation and maintenance of permanent and temporary exhibits documenting the history of American LGBTQ+ life, art, history, and culture; (3) the collection and study of artifacts and documents relating to American LGBTQ+ life, art, history, and culture; and (4) collaboration between the Museum and other museums, LGBTQ+-serving institutions, historical societies, educational institutions, and other organizations that promote the study or appreciation of American LGBTQ+ life, art, history, or culture, including collaboration concerning-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; and (C) training of museum professionals. SEC. 4. COUNCIL. (a) Establishment.--There is established within the Smithsonian Institution a council to be known as the ``National Museum of American LGBTQ+ History and Culture Council''. (b) Duties.-- (1) In general.--The Council shall-- (A) make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum; (B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum; (C) recommend annual operating budgets for the Museum to the Board of Regents; (D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to American LGBTQ+ life, art, history, and culture; and (E) adopt bylaws for the operation of the Council. (2) Principal responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have sole authority to-- (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum; (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or (C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research. (3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. (c) Composition and Appointment.-- (1) In general.--The Council shall be composed of 19 voting members as provided under paragraph (2). (2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. (B) One member of the Board of Regents, appointed by the Board of Regents. (C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of American LGBTQ+ life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years. (2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subsection (c)(2)(C)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. (3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. (B) Term.--Any member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (e) Compensation.-- (1) In general.--Except as provided in paragraph (2), a member of the Council shall serve without pay. (2) Travel expenses.--A member of the Council shall be allowed 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 Council. (f) Chairperson.--By a majority vote of its voting members, the Council shall elect a chairperson from its members. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. (h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM. (a) Director.-- (1) In general.--The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council. (2) Duties.--The Director shall manage the Museum subject to the policies of the Board of Regents. (b) Staff.--The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Pay.--The employees appointed by the Secretary under subsection (b) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS. (a) In General.-- (1) Programs authorized.--The Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum. (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (b) Grant and Scholarship Programs.--In consultation with the Council and the Director of the Museum, the Director of the Institute of Museum and Library Services shall establish-- (1) a grant program with the purpose of improving operations, care of collections, and development of professional management at American LGBTQ+ museums; (2) a grant program with the purpose of providing internship and fellowship opportunities at American LGBTQ+ museums; and (3) a scholarship program with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of American LGBTQ+ life, art, history, and culture. <all>

National Museum of American LGBTQ+ History and Culture Act

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes.

National Museum of American LGBTQ+ History and Culture Act

Rep. Pocan, Mark

D

WI

This bill establishes within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture. The museum (1) may carry out educational and liaison programs in support of its goals, and (2) shall establish specified grant and scholarship programs.

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DEFINITIONS. 3. ESTABLISHMENT OF MUSEUM. (b) Purpose.--The purpose of the Museum shall be to provide for-- (1) the collection, study, and establishment of programs relating to American LGBTQ+ life, art, history, and culture; (2) the creation and maintenance of permanent and temporary exhibits documenting the history of American LGBTQ+ life, art, history, and culture; (3) the collection and study of artifacts and documents relating to American LGBTQ+ life, art, history, and culture; and (4) collaboration between the Museum and other museums, LGBTQ+-serving institutions, historical societies, educational institutions, and other organizations that promote the study or appreciation of American LGBTQ+ life, art, history, or culture, including collaboration concerning-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; and (C) training of museum professionals. 4. COUNCIL. (2) Principal responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have sole authority to-- (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum; (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or (C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research. (B) One member of the Board of Regents, appointed by the Board of Regents. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (f) Chairperson.--By a majority vote of its voting members, the Council shall elect a chairperson from its members. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. 5. (a) Director.-- (1) In general.--The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council. (b) Staff.--The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS.

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2. 3. ESTABLISHMENT OF MUSEUM. (b) Purpose.--The purpose of the Museum shall be to provide for-- (1) the collection, study, and establishment of programs relating to American LGBTQ+ life, art, history, and culture; (2) the creation and maintenance of permanent and temporary exhibits documenting the history of American LGBTQ+ life, art, history, and culture; (3) the collection and study of artifacts and documents relating to American LGBTQ+ life, art, history, and culture; and (4) collaboration between the Museum and other museums, LGBTQ+-serving institutions, historical societies, educational institutions, and other organizations that promote the study or appreciation of American LGBTQ+ life, art, history, or culture, including collaboration concerning-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; and (C) training of museum professionals. 4. COUNCIL. (B) One member of the Board of Regents, appointed by the Board of Regents. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (f) Chairperson.--By a majority vote of its voting members, the Council shall elect a chairperson from its members. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. 5. (a) Director.-- (1) In general.--The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council. (b) Staff.--The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. SEC. EDUCATIONAL AND LIAISON PROGRAMS.

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DEFINITIONS. (3) Museum.--The term ``Museum'' means the National Museum of American LGBTQ+ History and Culture established by section 3. 3. ESTABLISHMENT OF MUSEUM. (b) Purpose.--The purpose of the Museum shall be to provide for-- (1) the collection, study, and establishment of programs relating to American LGBTQ+ life, art, history, and culture; (2) the creation and maintenance of permanent and temporary exhibits documenting the history of American LGBTQ+ life, art, history, and culture; (3) the collection and study of artifacts and documents relating to American LGBTQ+ life, art, history, and culture; and (4) collaboration between the Museum and other museums, LGBTQ+-serving institutions, historical societies, educational institutions, and other organizations that promote the study or appreciation of American LGBTQ+ life, art, history, or culture, including collaboration concerning-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; and (C) training of museum professionals. 4. COUNCIL. (2) Principal responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have sole authority to-- (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum; (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or (C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research. (B) One member of the Board of Regents, appointed by the Board of Regents. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (2) Travel expenses.--A member of the Council shall be allowed 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 Council. (f) Chairperson.--By a majority vote of its voting members, the Council shall elect a chairperson from its members. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. (h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. 5. (a) Director.-- (1) In general.--The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council. (b) Staff.--The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS. (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b).

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. (3) Museum.--The term ``Museum'' means the National Museum of American LGBTQ+ History and Culture established by section 3. 3. ESTABLISHMENT OF MUSEUM. (b) Purpose.--The purpose of the Museum shall be to provide for-- (1) the collection, study, and establishment of programs relating to American LGBTQ+ life, art, history, and culture; (2) the creation and maintenance of permanent and temporary exhibits documenting the history of American LGBTQ+ life, art, history, and culture; (3) the collection and study of artifacts and documents relating to American LGBTQ+ life, art, history, and culture; and (4) collaboration between the Museum and other museums, LGBTQ+-serving institutions, historical societies, educational institutions, and other organizations that promote the study or appreciation of American LGBTQ+ life, art, history, or culture, including collaboration concerning-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; and (C) training of museum professionals. 4. COUNCIL. (b) Duties.-- (1) In general.--The Council shall-- (A) make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum; (B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum; (C) recommend annual operating budgets for the Museum to the Board of Regents; (D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to American LGBTQ+ life, art, history, and culture; and (E) adopt bylaws for the operation of the Council. (2) Principal responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have sole authority to-- (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum; (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or (C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research. (3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. (B) One member of the Board of Regents, appointed by the Board of Regents. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. (B) Term.--Any member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (2) Travel expenses.--A member of the Council shall be allowed 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 Council. (f) Chairperson.--By a majority vote of its voting members, the Council shall elect a chairperson from its members. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. (h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. 5. (a) Director.-- (1) In general.--The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council. (b) Staff.--The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Pay.--The employees appointed by the Secretary under subsection (b) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS. (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b).

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( a) Establishment.--There is established within the Smithsonian Institution a council to be known as the ``National Museum of American LGBTQ+ History and Culture Council''. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of American LGBTQ+ life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. ( 2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subsection (c)(2)(C)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. ( (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. ( g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. ( 2) Duties.--The Director shall manage the Museum subject to the policies of the Board of Regents. ( (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. ( 3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. ( h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. DIRECTOR AND STAFF OF THE MUSEUM. (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. ( 3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. ( h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. DIRECTOR AND STAFF OF THE MUSEUM. (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( a) Establishment.--There is established within the Smithsonian Institution a council to be known as the ``National Museum of American LGBTQ+ History and Culture Council''. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of American LGBTQ+ life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. ( 2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subsection (c)(2)(C)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. ( (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. ( g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. ( 2) Duties.--The Director shall manage the Museum subject to the policies of the Board of Regents. ( (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. ( 3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. ( h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. DIRECTOR AND STAFF OF THE MUSEUM. (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( a) Establishment.--There is established within the Smithsonian Institution a council to be known as the ``National Museum of American LGBTQ+ History and Culture Council''. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of American LGBTQ+ life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. ( 2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subsection (c)(2)(C)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. ( (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. ( g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. ( 2) Duties.--The Director shall manage the Museum subject to the policies of the Board of Regents. ( (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. ( 3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. ( h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. DIRECTOR AND STAFF OF THE MUSEUM. (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( a) Establishment.--There is established within the Smithsonian Institution a council to be known as the ``National Museum of American LGBTQ+ History and Culture Council''. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of American LGBTQ+ life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. ( 2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subsection (c)(2)(C)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. ( (4) Vacancies.-- (A) In general.--A vacancy on the Council-- (i) shall not affect the powers of the Council; and (ii) shall be filled in the same manner as the original appointment was made. ( g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. (2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. ( 2) Duties.--The Director shall manage the Museum subject to the policies of the Board of Regents. ( (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. 2) Council.--The term ``Council'' means the National Museum of American LGBTQ+ History and Culture Council established by section 4. ( 3) Other responsibilities.--The Council, subject to the general policies of the Board of Regents, shall have authority-- (A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and (B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum. ( 2) Voting members.--The Council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. ( (3) Initial appointments.--The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after the date of enactment of this Act. ( 3) Reappointment.--A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. (g) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year. ( h) Quorum.--A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council. DIRECTOR AND STAFF OF THE MUSEUM. (

To establish within the Smithsonian Institution the National Museum of American LGBTQ+ History and Culture, and for other purposes. C) Seventeen individuals appointed by the Board of Regents-- (i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of American LGBTQ+ life, art, history, and culture; and (ii) taking into consideration individuals recommended by the members of the Council. ( 2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subsection (c)(2)(C)-- (A) six members shall be appointed for a term of 1 year; (B) six members shall be appointed for a term of 2 years; and (C) five members shall be appointed for a term of 3 years. ( ( 2) Initial meetings.--During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this Act. ( ( (2) Specific activities described.--In carrying out this section, the Director shall-- (A) carry out educational programs relating to American LGBTQ+ life, art, history, and culture, including-- (i) programs using digital, electronic, and interactive technologies; and (ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and (B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b). (

National Museum of American LGBTQ+ History and Culture Act - Establishes within the Smithsonian Institution a museum to be known as the National Museum of the American LGBTQ+. (Sec. 3) Estables the National LGBTQ+ Council to make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum; advise and assist the Board on all matters relating to the Directs the Director of the Institute of Museum and Library Services to establish: (1) a grant program with the purpose of improving operations, care of collections, and development of professional management at American LGBTQ+ museums; (2) an internship and fellowship program for individuals pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of American LGBTQ+. (3)

H.R.7177

Health

Sickle Cell Care Expansion Act of 2022 This bill establishes programs to increase treatment and other services for populations with sickle cell disease. Sickle cell disease is an inherited blood disorder that can lead to pain, anemia, infections, and stroke. Specifically, the Department of Health and Human Services must award grants to federally qualified health centers, community-based organizations, or other nonprofits that treat or otherwise support populations with sickle cell disease for education and advocacy programs concerning the disease. Additionally, the Health Resources and Services Administration must establish a program to provide scholarships or student loan repayment awards to individuals who commit to engage in clinical practice or research related to sickle cell disease for a period of obligated service as physicians.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sickle Cell Care Expansion Act of 2022''. SEC. 2. ADVANCING TREATMENT AND RESEARCH PERTAINING TO SICKLE CELL DISEASE. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart XIII--Advancing Treatment and Research Pertaining to Sickle Cell Disease ``SEC. 340J. SCHOLARSHIP AND LOAN REPAYMENT PROGRAM. ``(a) In General.--To advance learning regarding sickle cell disease and to enhance the supply of physicians to treat such disease, especially with respect to adult populations, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program consisting of entering into contracts with individuals under which-- ``(1) the Secretary awards a scholarship under subsection (b) or agrees to make loan repayments under subsection (c) with respect to each individual; and ``(2) the individual agrees to serve for a period (in this section referred to as the `period of obligated service') as a physician engaged in-- ``(A) sickle cell disease research; or ``(B) service in a public or private setting that is primarily focused on diagnosis, treatment, and education related to sickle cell disease in a health care facility, clinic, rural health clinic, mobile medical asset, or other facility as determined by the Secretary. ``(b) Scholarships.-- ``(1) Eligibility.--To be eligible to participate in the scholarship program under this section, an individual shall-- ``(A) be accepted for enrollment, or be enrolled, as a full-time student in an accredited (as determined by the Secretary) educational institution in a State and in a course of study or program offered by such institution and approved by the Secretary, leading to a degree in medicine or osteopathic medicine; ``(B) submit an application to participate in the scholarship program; and ``(C) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in paragraph (2)) to accept payment of a scholarship and to serve (in accordance with this section) for the applicable period of obligated service. ``(2) Written contract.--The written contract under this subsection between the Secretary and an individual shall contain-- ``(A) an agreement that-- ``(i) subject to paragraph (1), the Secretary agrees to provide the individual with a scholarship in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in paragraph (1)(A); and ``(ii) subject to paragraph (1), the individual agrees to-- ``(I) accept provision of such a scholarship to the individual; ``(II) maintain enrollment in a course of study described in paragraph (1)(A) until the individual completes the course of study; ``(III) maintain an acceptable level of academic standing; ``(IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; ``(V) complete a fellowship in the specialty of hematology; and ``(VI) serve for a time period equal to one year for each school year for which the individual was provided a scholarship under this section; ``(B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; ``(C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and ``(D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. ``(c) Loan Repayments.-- ``(1) Eligibility.--To be eligible to participate in the loan repayment program under this section, an individual shall-- ``(A) have a degree in medicine or osteopathic medicine; be enrolled in an approved graduate training program in medicine or osteopathic medicine; or be enrolled as a full-time student in an accredited (as determined by the Secretary) educational institution in a State, and in the final year of a course of study offered by such institution and approved by the Secretary, leading to a degree in medicine or osteopathic medicine; ``(B) submit an application to participate in the loan repayment program; and ``(C) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in paragraph (2)) to accept payment by the Secretary of the educational loans of the individual in consideration of the individual serving for a period of obligated service. ``(2) Written contract.--The written contract under this subsection between the Secretary and an individual shall contain-- ``(A) an agreement that-- ``(i) subject to paragraph (1), the Secretary agrees to pay on behalf of the individual the principal, interest, and related expenses on government and commercial loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for-- ``(I) tuition expenses; ``(II) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the individual; or ``(III) reasonable living expenses as determined by the Secretary; and ``(ii) subject to paragraph (1), the individual agrees to-- ``(I) accept loan payments on behalf of the individual; ``(II) maintain enrollment in a course of study described in paragraph (1)(C) (if applicable) until the individual completes the course of study; ``(III) maintain an acceptable level of academic standing; ``(IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; and ``(V) complete a fellowship in hematology; ``(B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for loan repayments under this section; ``(C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and ``(D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(e) Definition.--In this section, the term `sickle cell disease research' means research into the detection, diagnosis, treatment, or control of sickle cell disease. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2023 through 2028. ``SEC. 340K. COMMUNITY-BASED GRANTS TO ENGAGE THE SICKLE CELL DISEASE POPULATION BY DESIGNING EDUCATION AND ADVOCACY PROGRAMS AND POLICIES FOR HEALTH AND COMMUNITY SERVICES. ``(a) In General.--The Secretary shall carry out a program consisting of awarding grants to eligible entities for the establishment and support of education and advocacy programs that-- ``(1) engage the sickle cell disease population, their families, or State and local governments in order to-- ``(A) improve sickle cell disease health literacy; ``(B) disseminate information on health and community services related to sickle cell disease; or ``(C) improve the care and treatment decisionmaking process related to sickle cell disease; and ``(2) may include education and advocacy regarding fertility preservation and surrogacy options for individuals with sickle cell disease. ``(b) Applications.--To seek a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. ``(d) Definition.--In this section, the term `eligible entity' means-- ``(1) a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act) or nonprofit organization engaged in providing sickle cell disease education, information, or treatment services; ``(2) a community-based organization or faith-based organization or clinic that provides services to, or engages in, advocacy for individuals with sickle cell disease; or ``(3) a nonprofit organization providing comprehensive care to populations with sickle cell disease, including any such nonprofit organization that is a faith-based organization or community-based organization. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''. <all>

Sickle Cell Care Expansion Act of 2022

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes.

Sickle Cell Care Expansion Act of 2022

Rep. Crist, Charlie

D

FL

This bill establishes programs to increase treatment and other services for populations with sickle cell disease. Sickle cell disease is an inherited blood disorder that can lead to pain, anemia, infections, and stroke. Specifically, the Department of Health and Human Services must award grants to federally qualified health centers, community-based organizations, or other nonprofits that treat or otherwise support populations with sickle cell disease for education and advocacy programs concerning the disease. Additionally, the Health Resources and Services Administration must establish a program to provide scholarships or student loan repayment awards to individuals who commit to engage in clinical practice or research related to sickle cell disease for a period of obligated service as physicians.

This Act may be cited as the ``Sickle Cell Care Expansion Act of 2022''. SEC. ADVANCING TREATMENT AND RESEARCH PERTAINING TO SICKLE CELL DISEASE. SCHOLARSHIP AND LOAN REPAYMENT PROGRAM. ``(2) Written contract.--The written contract under this subsection between the Secretary and an individual shall contain-- ``(A) an agreement that-- ``(i) subject to paragraph (1), the Secretary agrees to provide the individual with a scholarship in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in paragraph (1)(A); and ``(ii) subject to paragraph (1), the individual agrees to-- ``(I) accept provision of such a scholarship to the individual; ``(II) maintain enrollment in a course of study described in paragraph (1)(A) until the individual completes the course of study; ``(III) maintain an acceptable level of academic standing; ``(IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; ``(V) complete a fellowship in the specialty of hematology; and ``(VI) serve for a time period equal to one year for each school year for which the individual was provided a scholarship under this section; ``(B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; ``(C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and ``(D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. ``(c) Loan Repayments.-- ``(1) Eligibility.--To be eligible to participate in the loan repayment program under this section, an individual shall-- ``(A) have a degree in medicine or osteopathic medicine; be enrolled in an approved graduate training program in medicine or osteopathic medicine; or be enrolled as a full-time student in an accredited (as determined by the Secretary) educational institution in a State, and in the final year of a course of study offered by such institution and approved by the Secretary, leading to a degree in medicine or osteopathic medicine; ``(B) submit an application to participate in the loan repayment program; and ``(C) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in paragraph (2)) to accept payment by the Secretary of the educational loans of the individual in consideration of the individual serving for a period of obligated service. COMMUNITY-BASED GRANTS TO ENGAGE THE SICKLE CELL DISEASE POPULATION BY DESIGNING EDUCATION AND ADVOCACY PROGRAMS AND POLICIES FOR HEALTH AND COMMUNITY SERVICES. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

This Act may be cited as the ``Sickle Cell Care Expansion Act of 2022''. SEC. ADVANCING TREATMENT AND RESEARCH PERTAINING TO SICKLE CELL DISEASE. SCHOLARSHIP AND LOAN REPAYMENT PROGRAM. ``(2) Written contract.--The written contract under this subsection between the Secretary and an individual shall contain-- ``(A) an agreement that-- ``(i) subject to paragraph (1), the Secretary agrees to provide the individual with a scholarship in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in paragraph (1)(A); and ``(ii) subject to paragraph (1), the individual agrees to-- ``(I) accept provision of such a scholarship to the individual; ``(II) maintain enrollment in a course of study described in paragraph (1)(A) until the individual completes the course of study; ``(III) maintain an acceptable level of academic standing; ``(IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; ``(V) complete a fellowship in the specialty of hematology; and ``(VI) serve for a time period equal to one year for each school year for which the individual was provided a scholarship under this section; ``(B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; ``(C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and ``(D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. COMMUNITY-BASED GRANTS TO ENGAGE THE SICKLE CELL DISEASE POPULATION BY DESIGNING EDUCATION AND ADVOCACY PROGRAMS AND POLICIES FOR HEALTH AND COMMUNITY 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 ``Sickle Cell Care Expansion Act of 2022''. SEC. ADVANCING TREATMENT AND RESEARCH PERTAINING TO SICKLE CELL DISEASE. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) 340J. SCHOLARSHIP AND LOAN REPAYMENT PROGRAM. ``(2) Written contract.--The written contract under this subsection between the Secretary and an individual shall contain-- ``(A) an agreement that-- ``(i) subject to paragraph (1), the Secretary agrees to provide the individual with a scholarship in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in paragraph (1)(A); and ``(ii) subject to paragraph (1), the individual agrees to-- ``(I) accept provision of such a scholarship to the individual; ``(II) maintain enrollment in a course of study described in paragraph (1)(A) until the individual completes the course of study; ``(III) maintain an acceptable level of academic standing; ``(IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; ``(V) complete a fellowship in the specialty of hematology; and ``(VI) serve for a time period equal to one year for each school year for which the individual was provided a scholarship under this section; ``(B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; ``(C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and ``(D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. ``(c) Loan Repayments.-- ``(1) Eligibility.--To be eligible to participate in the loan repayment program under this section, an individual shall-- ``(A) have a degree in medicine or osteopathic medicine; be enrolled in an approved graduate training program in medicine or osteopathic medicine; or be enrolled as a full-time student in an accredited (as determined by the Secretary) educational institution in a State, and in the final year of a course of study offered by such institution and approved by the Secretary, leading to a degree in medicine or osteopathic medicine; ``(B) submit an application to participate in the loan repayment program; and ``(C) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in paragraph (2)) to accept payment by the Secretary of the educational loans of the individual in consideration of the individual serving for a period of obligated service. ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. 340K. COMMUNITY-BASED GRANTS TO ENGAGE THE SICKLE CELL DISEASE POPULATION BY DESIGNING EDUCATION AND ADVOCACY PROGRAMS AND POLICIES FOR HEALTH AND COMMUNITY SERVICES. ``(d) Definition.--In this section, the term `eligible entity' means-- ``(1) a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act) or nonprofit organization engaged in providing sickle cell disease education, information, or treatment services; ``(2) a community-based organization or faith-based organization or clinic that provides services to, or engages in, advocacy for individuals with sickle cell disease; or ``(3) a nonprofit organization providing comprehensive care to populations with sickle cell disease, including any such nonprofit organization that is a faith-based organization or community-based organization. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sickle Cell Care Expansion Act of 2022''. SEC. ADVANCING TREATMENT AND RESEARCH PERTAINING TO SICKLE CELL DISEASE. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart XIII--Advancing Treatment and Research Pertaining to Sickle Cell Disease ``SEC. 340J. SCHOLARSHIP AND LOAN REPAYMENT PROGRAM. ``(a) In General.--To advance learning regarding sickle cell disease and to enhance the supply of physicians to treat such disease, especially with respect to adult populations, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program consisting of entering into contracts with individuals under which-- ``(1) the Secretary awards a scholarship under subsection (b) or agrees to make loan repayments under subsection (c) with respect to each individual; and ``(2) the individual agrees to serve for a period (in this section referred to as the `period of obligated service') as a physician engaged in-- ``(A) sickle cell disease research; or ``(B) service in a public or private setting that is primarily focused on diagnosis, treatment, and education related to sickle cell disease in a health care facility, clinic, rural health clinic, mobile medical asset, or other facility as determined by the Secretary. ``(2) Written contract.--The written contract under this subsection between the Secretary and an individual shall contain-- ``(A) an agreement that-- ``(i) subject to paragraph (1), the Secretary agrees to provide the individual with a scholarship in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in paragraph (1)(A); and ``(ii) subject to paragraph (1), the individual agrees to-- ``(I) accept provision of such a scholarship to the individual; ``(II) maintain enrollment in a course of study described in paragraph (1)(A) until the individual completes the course of study; ``(III) maintain an acceptable level of academic standing; ``(IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; ``(V) complete a fellowship in the specialty of hematology; and ``(VI) serve for a time period equal to one year for each school year for which the individual was provided a scholarship under this section; ``(B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; ``(C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and ``(D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. ``(c) Loan Repayments.-- ``(1) Eligibility.--To be eligible to participate in the loan repayment program under this section, an individual shall-- ``(A) have a degree in medicine or osteopathic medicine; be enrolled in an approved graduate training program in medicine or osteopathic medicine; or be enrolled as a full-time student in an accredited (as determined by the Secretary) educational institution in a State, and in the final year of a course of study offered by such institution and approved by the Secretary, leading to a degree in medicine or osteopathic medicine; ``(B) submit an application to participate in the loan repayment program; and ``(C) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in paragraph (2)) to accept payment by the Secretary of the educational loans of the individual in consideration of the individual serving for a period of obligated service. ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. 340K. COMMUNITY-BASED GRANTS TO ENGAGE THE SICKLE CELL DISEASE POPULATION BY DESIGNING EDUCATION AND ADVOCACY PROGRAMS AND POLICIES FOR HEALTH AND COMMUNITY SERVICES. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. ``(d) Definition.--In this section, the term `eligible entity' means-- ``(1) a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act) or nonprofit organization engaged in providing sickle cell disease education, information, or treatment services; ``(2) a community-based organization or faith-based organization or clinic that provides services to, or engages in, advocacy for individuals with sickle cell disease; or ``(3) a nonprofit organization providing comprehensive care to populations with sickle cell disease, including any such nonprofit organization that is a faith-based organization or community-based organization. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(e) Definition.--In this section, the term `sickle cell disease research' means research into the detection, diagnosis, treatment, or control of sickle cell disease. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2023 through 2028. ``(b) Applications.--To seek a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2023 through 2028. ``(b) Applications.--To seek a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(e) Definition.--In this section, the term `sickle cell disease research' means research into the detection, diagnosis, treatment, or control of sickle cell disease. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2023 through 2028. ``(b) Applications.--To seek a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(e) Definition.--In this section, the term `sickle cell disease research' means research into the detection, diagnosis, treatment, or control of sickle cell disease. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2023 through 2028. ``(b) Applications.--To seek a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(e) Definition.--In this section, the term `sickle cell disease research' means research into the detection, diagnosis, treatment, or control of sickle cell disease. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2023 through 2028. ``(b) Applications.--To seek a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant.

To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) ``(d) Priority.--In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. ``(e) Definition.--In this section, the term `sickle cell disease research' means research into the detection, diagnosis, treatment, or control of sickle cell disease. ``(c) Consideration.--In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2028.''.

Sickle Cell Care Expansion Act of 2022 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS), acting through the Administrator of the Health Resources and Services Administration (HRSA), to carry out a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research and treatment, and for other purposes. Requires Directs the Secretary of Health and Human Services to award grants to eligible entities for the establishment and support of education and advocacy programs that: (1) improve sickle cell disease health literacy; (2) disseminate information on health and community services related to sickle cells disease; or (3) improve the care and treatment decisionmaking process related to such disease. (Sickle cell

S.1311

International Affairs

Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021 or the SECURE CAMPUS Act of 2021 This bill prohibits certain Chinese citizens from receiving visas to participate in graduate or post-graduate studies in science, technology, engineering, or math (STEM) and contains other related provisions. This prohibition applies to F (academic student) and J (exchange visitor) visas and does not apply to citizens or permanent residents of Taiwan or Hong Kong. (China considers Taiwan a Chinese province. Hong Kong is a special administrative region within China, and most of its permanent inhabitants are Chinese citizens.) The Department of State may waive this prohibition on a case-by-case basis for national security purposes or if the applicant is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. Institutions of higher education in the federal Student and Exchange Visitor Program must annually certify that no prohibited Chinese citizens are permitted to participate in the institution's graduate or post-graduate STEM programs. A recipient of a federal STEM research grant must certify that the recipient (1) is not a Chinese citizen or a participant in a Chinese government foreign researcher recruitment program (a program that compensates individuals to conduct STEM-related research and development), and (2) will not knowingly use grant funds to employ such an individual. Entities that receive certain federal research or education assistance shall not knowingly employ any individual participating in a Chinese government foreign researcher recruitment program. An individual who recruits or performs research for such a program must register as an agent of a foreign principal.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. Be it enacted by the Senate 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 Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. SEC. 2. EXCLUSION OF CERTAIN CITIZENS OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) to, and the Secretary of Homeland Security may not admit to the United States pursuant to such a nonimmigrant visa, an alien who is a citizen of the People's Republic of China if the Secretary of State determines that the alien seeks to enter the United States to participate in graduate- level or post-graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at an institution of higher education. (b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. (d) Student and Exchange Visitor Program Certification Requirement.-- Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. (2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. SEC. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. As a condition of receiving a Federal research and development grant in a field of science, technology, engineering, or mathematics, a grant recipient shall certify that the recipient-- (1) is not-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7; and (2) will not knowingly employ to carry out activities funded by the Federal research and development grant-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7. SEC. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. (b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. SEC. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. Notwithstanding section 3 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 613), any individual in the United States who is associated with a foreign talent recruitment program of the People's Republic of China, either as a recruiter or as a recruit-- (1) shall be deemed to be an agent of a foreign principal (as defined in section 1(c) of such Act (22 U.S.C. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. SEC. 6. ECONOMIC ESPIONAGE. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. SEC. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General, the Secretary of Defense, and the Director of National Intelligence, shall compile and publish in the Federal Register a list of foreign talent recruitment programs of the People's Republic of China. (b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. SEC. 8. DEFINITIONS. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). <all>

SECURE CAMPUS Act of 2021

A bill to secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes.

SECURE CAMPUS Act of 2021 Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021

Sen. Cotton, Tom

R

AR

This bill prohibits certain Chinese citizens from receiving visas to participate in graduate or post-graduate studies in science, technology, engineering, or math (STEM) and contains other related provisions. This prohibition applies to F (academic student) and J (exchange visitor) visas and does not apply to citizens or permanent residents of Taiwan or Hong Kong. (China considers Taiwan a Chinese province. Hong Kong is a special administrative region within China, and most of its permanent inhabitants are Chinese citizens.) The Department of State may waive this prohibition on a case-by-case basis for national security purposes or if the applicant is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. Institutions of higher education in the federal Student and Exchange Visitor Program must annually certify that no prohibited Chinese citizens are permitted to participate in the institution's graduate or post-graduate STEM programs. A recipient of a federal STEM research grant must certify that the recipient (1) is not a Chinese citizen or a participant in a Chinese government foreign researcher recruitment program (a program that compensates individuals to conduct STEM-related research and development), and (2) will not knowingly use grant funds to employ such an individual. Entities that receive certain federal research or education assistance shall not knowingly employ any individual participating in a Chinese government foreign researcher recruitment program. An individual who recruits or performs research for such a program must register as an agent of a foreign principal.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. SHORT TITLE. This Act may be cited as the ``Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. SHORT TITLE. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. Be it enacted by the Senate 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 Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. (b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. Be it enacted by the Senate 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 Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. EXCLUSION OF CERTAIN CITIZENS OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. (d) Student and Exchange Visitor Program Certification Requirement.-- Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. (2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. As a condition of receiving a Federal research and development grant in a field of science, technology, engineering, or mathematics, a grant recipient shall certify that the recipient-- (1) is not-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7; and (2) will not knowingly employ to carry out activities funded by the Federal research and development grant-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. (b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( 2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. CONDITIONS ON FEDERAL RESEARCH GRANTS. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( 2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. CONDITIONS ON FEDERAL RESEARCH GRANTS. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( 2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. CONDITIONS ON FEDERAL RESEARCH GRANTS. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( CONDITIONS ON FEDERAL RESEARCH GRANTS. ( a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( CONDITIONS ON FEDERAL RESEARCH GRANTS. ( a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021 or the SECURE CAMPUS ACT of 2021 This bill directs the Department of State to deny a nonimmigrant visa to, and the Secretary of Homeland Security (DHS) to not admit, an alien who is Amends the Higher Education Act of 1965 to prohibit an institution of higher education from knowingly employing any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with the SECURE CAMPUS Act of 2021. (Sec. 5) Requires the Secretary, in consultation with the Attorney General, the Secretaries of Defense

H.R.3634

International Affairs

Taiwan Diplomatic Review Act This bill addresses issues concerning diplomatic relations with Taiwan. The bill directs the Department of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office (TECRO) in the United States to rename its office in the District of Columbia as the Taiwan Representative Office in the United States. (The U.S.-Taiwan relationship is unofficial, and TECRO is Taiwan's principal representative in the United States.) In addition, the bill establishes a W nonimmigrant visa for aliens affiliated with Taiwan's diplomatic operations, including (1) an ambassador, public minister, or career diplomatic or consular officer accredited by Taiwan and accepted by the United States; (2) a designated principal representative of Taiwan to an international organization; and (3) the immediate family members of such individuals. Specified holders of a W visa shall be entitled to certain immunities afforded to holders of diplomatic visas. The bill also requires the President to appoint the Director of the American Institute in Taiwan with the advice and consent of the Senate. (After the U.S.-Taiwan relationship became unofficial, the United States conducted relations with Taiwan through the American Institute in Taiwan. The institute's office in Taipei performs many of the same functions as an embassy.)

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taiwan Diplomatic Review Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Pursuant to the Taiwan Relations Act (22 U.S.C. 3301(b)(1)), it is the policy of the United States to ``promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people of Taiwan''. (2) In May 2019, the Taiwanese counterpart to the American Institute in Taiwan (AIT), the Coordination Council for North American Affairs was renamed Taiwan Council for U.S. Affairs. (3) It is the policy of the United States to refer to Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''. (4) The Taipei Economic and Cultural Representative Office (TECRO) is inaptly named as it works to cultivate the extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people, organizations, and enterprises of Taiwan, not merely those in Taipei. (5) The Director of the AIT serves as the principal representative of the United States in Taiwan and is responsible for preserving and promoting extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan on behalf of the United States Government. (6) As Taiwan is a critical partner of the United States in the Indo-Pacific, robust oversight over United States policy towards the island is necessary. (7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. (8) Several officers with relatively limited policy roles when compared to the Director of the American Institute in Taiwan are subject to the advice and consent of the Senate including the officials at the John F. Kennedy Center For The Performing Arts and the Barry Goldwater Scholarship And Excellence In Education Foundation. (9) Officers at non-profit corporations may be subject to the advice and consent of the Senate, including the United States Institutes of Peace, which is ``an independent nonprofit corporation and an organization described in section 170(c)(2)(B) of the Internal Revenue Code of 1986''. (10) Congress has the power to create positions that are ``officers of the United States'' pursuant to the Appointments Clause that are not employees of the United States Government. (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. SEC. 3. NEGOTIATIONS; REPORT. (a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes the status of the negotiations between the Department of State and the Taiwan Council for U.S. Affairs in accordance with subsection (a). (2) Contents.--The report required under paragraph (1) shall-- (A) describe the progress made in such negotiations; (B) contain a transparent, open, and detailed accounting of such negotiations to date, including the number of meetings or conversations held and with whom; (C) identify the key stakeholders involved in such negotiations; and (D) describe the challenges concerning the United States Government's ability to advance the name change and recommendations to resolve, mitigate, or otherwise address related challenges. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. SEC. 4. SENATE CONFIRMATION OF INDIVIDUAL APPOINTED TO SERVE AS DIRECTOR OF THE AMERICAN INSTITUTE IN TAIWAN. (a) Sense of Congress.--It is the sense of Congress that an extended period without a Director of the American Institute in Taiwan would be detrimental to United States interests. (b) Senate Confirmation of Director.-- (1) In general.--Notwithstanding any other provision of law, the President shall appoint, by and with the advice and consent of the Senate, an individual to serve as the Director of the American Institute in Taiwan. (2) Effective date.--This section shall take effect beginning with the first appointment by the President of an individual to serve as the Director of the American Institute in Taiwan that is made after the date of the enactment of this section. (c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. (d) Successor Position.--Any reference to the position of Director of the American Institute in Taiwan in this section includes any similar successor position. SEC. 5. NONIMMIGRANT STATUS FOR DIPLOMATS FROM TAIWAN. (a) In General.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(W)(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by Taiwan, and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family; ``(ii) upon a basis of reciprocity, other officials and employees who have been accredited by Taiwan, who are accepted by the Secretary of State, and the members of their immediate families; ``(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under clauses (i) and (ii); ``(iv) a designated principal resident representative of the Taiwan, for which Taiwan is a member or observer of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U.S.C. 288), accredited resident members of the staff of such representatives, and members of his or their immediate family; ``(v) other accredited representatives of Taiwan to such international organizations, and the members of their immediate families; ``(vi) an alien able to qualify under clause (iv) or (v), except for the fact that Taiwan is not a member or observer of such international organization, and the members of his immediate family; and ``(vii) attendants, servants, and personal employees of any such representative, officer, or employee who have a nonimmigrant status under clause (iv), (v), or (vi) and the members of the immediate families of such attendants, servants, and personal employees.''. (b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. 1102) is amended-- (1) in paragraph (1)-- (A) by striking ``within the class described in paragraph (15)(A)(i) of'' and inserting ``within a class described in paragraph (15)(A)(i) or (15)(W)(i) of''; and (B) by inserting ``or (15)(W)(i)'' after ``such paragraph (15)(A)(i)''; (2) in paragraph (2)-- (A) by striking ``within the class described in paragraph (15)(G)(i) of'' and inserting ``within a class described in paragraph (15)(G)(i) or (15)(W)(iv) of''; (B) by inserting ``or (15)(W)(iv)'' after ``such paragraph (15)(G)(i)''; and (C) by striking ``and'' at the end; (3) in paragraph (3), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(4) within the classes described in paragraphs (15)(W)(ii), (15)(W)(v), or (15)(W)(vi), of section 101(a), except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of subparagraphs (A) through (C) of section 212 (a)(3).''. (c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''. <all>

Taiwan Diplomatic Review Act

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes.

Taiwan Diplomatic Review Act

Rep. Sherman, Brad

D

CA

This bill addresses issues concerning diplomatic relations with Taiwan. The bill directs the Department of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office (TECRO) in the United States to rename its office in the District of Columbia as the Taiwan Representative Office in the United States. (The U.S.-Taiwan relationship is unofficial, and TECRO is Taiwan's principal representative in the United States.) In addition, the bill establishes a W nonimmigrant visa for aliens affiliated with Taiwan's diplomatic operations, including (1) an ambassador, public minister, or career diplomatic or consular officer accredited by Taiwan and accepted by the United States; (2) a designated principal representative of Taiwan to an international organization; and (3) the immediate family members of such individuals. Specified holders of a W visa shall be entitled to certain immunities afforded to holders of diplomatic visas. The bill also requires the President to appoint the Director of the American Institute in Taiwan with the advice and consent of the Senate. (After the U.S.-Taiwan relationship became unofficial, the United States conducted relations with Taiwan through the American Institute in Taiwan. The institute's office in Taipei performs many of the same functions as an embassy.)

2. 3301(b)(1)), it is the policy of the United States to ``promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people of Taiwan''. (3) It is the policy of the United States to refer to Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''. (7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. NEGOTIATIONS; REPORT. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. SENATE CONFIRMATION OF INDIVIDUAL APPOINTED TO SERVE AS DIRECTOR OF THE AMERICAN INSTITUTE IN TAIWAN. (a) Sense of Congress.--It is the sense of Congress that an extended period without a Director of the American Institute in Taiwan would be detrimental to United States interests. (d) Successor Position.--Any reference to the position of Director of the American Institute in Taiwan in this section includes any similar successor position. SEC. 5. 288), accredited resident members of the staff of such representatives, and members of his or their immediate family; ``(v) other accredited representatives of Taiwan to such international organizations, and the members of their immediate families; ``(vi) an alien able to qualify under clause (iv) or (v), except for the fact that Taiwan is not a member or observer of such international organization, and the members of his immediate family; and ``(vii) attendants, servants, and personal employees of any such representative, officer, or employee who have a nonimmigrant status under clause (iv), (v), or (vi) and the members of the immediate families of such attendants, servants, and personal employees.''. (c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

2. 3301(b)(1)), it is the policy of the United States to ``promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people of Taiwan''. (3) It is the policy of the United States to refer to Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''. (7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. NEGOTIATIONS; REPORT. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. SENATE CONFIRMATION OF INDIVIDUAL APPOINTED TO SERVE AS DIRECTOR OF THE AMERICAN INSTITUTE IN TAIWAN. (a) Sense of Congress.--It is the sense of Congress that an extended period without a Director of the American Institute in Taiwan would be detrimental to United States interests. (d) Successor Position.--Any reference to the position of Director of the American Institute in Taiwan in this section includes any similar successor position. SEC. 5. 288), accredited resident members of the staff of such representatives, and members of his or their immediate family; ``(v) other accredited representatives of Taiwan to such international organizations, and the members of their immediate families; ``(vi) an alien able to qualify under clause (iv) or (v), except for the fact that Taiwan is not a member or observer of such international organization, and the members of his immediate family; and ``(vii) attendants, servants, and personal employees of any such representative, officer, or employee who have a nonimmigrant status under clause (iv), (v), or (vi) and the members of the immediate families of such attendants, servants, and personal employees.''. (c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

SHORT TITLE. 2. FINDINGS. 3301(b)(1)), it is the policy of the United States to ``promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people of Taiwan''. (3) It is the policy of the United States to refer to Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''. (7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. NEGOTIATIONS; REPORT. (a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes the status of the negotiations between the Department of State and the Taiwan Council for U.S. Affairs in accordance with subsection (a). (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. SENATE CONFIRMATION OF INDIVIDUAL APPOINTED TO SERVE AS DIRECTOR OF THE AMERICAN INSTITUTE IN TAIWAN. (a) Sense of Congress.--It is the sense of Congress that an extended period without a Director of the American Institute in Taiwan would be detrimental to United States interests. (d) Successor Position.--Any reference to the position of Director of the American Institute in Taiwan in this section includes any similar successor position. SEC. 5. 288), accredited resident members of the staff of such representatives, and members of his or their immediate family; ``(v) other accredited representatives of Taiwan to such international organizations, and the members of their immediate families; ``(vi) an alien able to qualify under clause (iv) or (v), except for the fact that Taiwan is not a member or observer of such international organization, and the members of his immediate family; and ``(vii) attendants, servants, and personal employees of any such representative, officer, or employee who have a nonimmigrant status under clause (iv), (v), or (vi) and the members of the immediate families of such attendants, servants, and personal employees.''. 1102) is amended-- (1) in paragraph (1)-- (A) by striking ``within the class described in paragraph (15)(A)(i) of'' and inserting ``within a class described in paragraph (15)(A)(i) or (15)(W)(i) of''; and (B) by inserting ``or (15)(W)(i)'' after ``such paragraph (15)(A)(i)''; (2) in paragraph (2)-- (A) by striking ``within the class described in paragraph (15)(G)(i) of'' and inserting ``within a class described in paragraph (15)(G)(i) or (15)(W)(iv) of''; (B) by inserting ``or (15)(W)(iv)'' after ``such paragraph (15)(G)(i)''; and (C) by striking ``and'' at the end; (3) in paragraph (3), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(4) within the classes described in paragraphs (15)(W)(ii), (15)(W)(v), or (15)(W)(vi), of section 101(a), except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of subparagraphs (A) through (C) of section 212 (a)(3).''. (c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Pursuant to the Taiwan Relations Act (22 U.S.C. 3301(b)(1)), it is the policy of the United States to ``promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people of Taiwan''. (3) It is the policy of the United States to refer to Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''. (6) As Taiwan is a critical partner of the United States in the Indo-Pacific, robust oversight over United States policy towards the island is necessary. (7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. (8) Several officers with relatively limited policy roles when compared to the Director of the American Institute in Taiwan are subject to the advice and consent of the Senate including the officials at the John F. Kennedy Center For The Performing Arts and the Barry Goldwater Scholarship And Excellence In Education Foundation. (9) Officers at non-profit corporations may be subject to the advice and consent of the Senate, including the United States Institutes of Peace, which is ``an independent nonprofit corporation and an organization described in section 170(c)(2)(B) of the Internal Revenue Code of 1986''. (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. NEGOTIATIONS; REPORT. (a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that describes the status of the negotiations between the Department of State and the Taiwan Council for U.S. Affairs in accordance with subsection (a). (2) Contents.--The report required under paragraph (1) shall-- (A) describe the progress made in such negotiations; (B) contain a transparent, open, and detailed accounting of such negotiations to date, including the number of meetings or conversations held and with whom; (C) identify the key stakeholders involved in such negotiations; and (D) describe the challenges concerning the United States Government's ability to advance the name change and recommendations to resolve, mitigate, or otherwise address related challenges. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 4. SENATE CONFIRMATION OF INDIVIDUAL APPOINTED TO SERVE AS DIRECTOR OF THE AMERICAN INSTITUTE IN TAIWAN. (a) Sense of Congress.--It is the sense of Congress that an extended period without a Director of the American Institute in Taiwan would be detrimental to United States interests. (2) Effective date.--This section shall take effect beginning with the first appointment by the President of an individual to serve as the Director of the American Institute in Taiwan that is made after the date of the enactment of this section. (d) Successor Position.--Any reference to the position of Director of the American Institute in Taiwan in this section includes any similar successor position. SEC. 5. 288), accredited resident members of the staff of such representatives, and members of his or their immediate family; ``(v) other accredited representatives of Taiwan to such international organizations, and the members of their immediate families; ``(vi) an alien able to qualify under clause (iv) or (v), except for the fact that Taiwan is not a member or observer of such international organization, and the members of his immediate family; and ``(vii) attendants, servants, and personal employees of any such representative, officer, or employee who have a nonimmigrant status under clause (iv), (v), or (vi) and the members of the immediate families of such attendants, servants, and personal employees.''. 1102) is amended-- (1) in paragraph (1)-- (A) by striking ``within the class described in paragraph (15)(A)(i) of'' and inserting ``within a class described in paragraph (15)(A)(i) or (15)(W)(i) of''; and (B) by inserting ``or (15)(W)(i)'' after ``such paragraph (15)(A)(i)''; (2) in paragraph (2)-- (A) by striking ``within the class described in paragraph (15)(G)(i) of'' and inserting ``within a class described in paragraph (15)(G)(i) or (15)(W)(iv) of''; (B) by inserting ``or (15)(W)(iv)'' after ``such paragraph (15)(G)(i)''; and (C) by striking ``and'' at the end; (3) in paragraph (3), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(4) within the classes described in paragraphs (15)(W)(ii), (15)(W)(v), or (15)(W)(vi), of section 101(a), except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of subparagraphs (A) through (C) of section 212 (a)(3).''. (c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 2) In May 2019, the Taiwanese counterpart to the American Institute in Taiwan (AIT), the Coordination Council for North American Affairs was renamed Taiwan Council for U.S. Affairs. ( (5) The Director of the AIT serves as the principal representative of the United States in Taiwan and is responsible for preserving and promoting extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan on behalf of the United States Government. ( 7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. ( (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 6) As Taiwan is a critical partner of the United States in the Indo-Pacific, robust oversight over United States policy towards the island is necessary. ( (8) Several officers with relatively limited policy roles when compared to the Director of the American Institute in Taiwan are subject to the advice and consent of the Senate including the officials at the John F. Kennedy Center For The Performing Arts and the Barry Goldwater Scholarship And Excellence In Education Foundation. ( a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (2) Contents.--The report required under paragraph (1) shall-- (A) describe the progress made in such negotiations; (B) contain a transparent, open, and detailed accounting of such negotiations to date, including the number of meetings or conversations held and with whom; (C) identify the key stakeholders involved in such negotiations; and (D) describe the challenges concerning the United States Government's ability to advance the name change and recommendations to resolve, mitigate, or otherwise address related challenges. ( c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 6) As Taiwan is a critical partner of the United States in the Indo-Pacific, robust oversight over United States policy towards the island is necessary. ( (8) Several officers with relatively limited policy roles when compared to the Director of the American Institute in Taiwan are subject to the advice and consent of the Senate including the officials at the John F. Kennedy Center For The Performing Arts and the Barry Goldwater Scholarship And Excellence In Education Foundation. ( a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (2) Contents.--The report required under paragraph (1) shall-- (A) describe the progress made in such negotiations; (B) contain a transparent, open, and detailed accounting of such negotiations to date, including the number of meetings or conversations held and with whom; (C) identify the key stakeholders involved in such negotiations; and (D) describe the challenges concerning the United States Government's ability to advance the name change and recommendations to resolve, mitigate, or otherwise address related challenges. ( c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 2) In May 2019, the Taiwanese counterpart to the American Institute in Taiwan (AIT), the Coordination Council for North American Affairs was renamed Taiwan Council for U.S. Affairs. ( (5) The Director of the AIT serves as the principal representative of the United States in Taiwan and is responsible for preserving and promoting extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan on behalf of the United States Government. ( 7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. ( (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 6) As Taiwan is a critical partner of the United States in the Indo-Pacific, robust oversight over United States policy towards the island is necessary. ( (8) Several officers with relatively limited policy roles when compared to the Director of the American Institute in Taiwan are subject to the advice and consent of the Senate including the officials at the John F. Kennedy Center For The Performing Arts and the Barry Goldwater Scholarship And Excellence In Education Foundation. ( a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (2) Contents.--The report required under paragraph (1) shall-- (A) describe the progress made in such negotiations; (B) contain a transparent, open, and detailed accounting of such negotiations to date, including the number of meetings or conversations held and with whom; (C) identify the key stakeholders involved in such negotiations; and (D) describe the challenges concerning the United States Government's ability to advance the name change and recommendations to resolve, mitigate, or otherwise address related challenges. ( c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 2) In May 2019, the Taiwanese counterpart to the American Institute in Taiwan (AIT), the Coordination Council for North American Affairs was renamed Taiwan Council for U.S. Affairs. ( (5) The Director of the AIT serves as the principal representative of the United States in Taiwan and is responsible for preserving and promoting extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan on behalf of the United States Government. ( 7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. ( (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 6) As Taiwan is a critical partner of the United States in the Indo-Pacific, robust oversight over United States policy towards the island is necessary. ( (8) Several officers with relatively limited policy roles when compared to the Director of the American Institute in Taiwan are subject to the advice and consent of the Senate including the officials at the John F. Kennedy Center For The Performing Arts and the Barry Goldwater Scholarship And Excellence In Education Foundation. ( a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (2) Contents.--The report required under paragraph (1) shall-- (A) describe the progress made in such negotiations; (B) contain a transparent, open, and detailed accounting of such negotiations to date, including the number of meetings or conversations held and with whom; (C) identify the key stakeholders involved in such negotiations; and (D) describe the challenges concerning the United States Government's ability to advance the name change and recommendations to resolve, mitigate, or otherwise address related challenges. ( c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 2) In May 2019, the Taiwanese counterpart to the American Institute in Taiwan (AIT), the Coordination Council for North American Affairs was renamed Taiwan Council for U.S. Affairs. ( (5) The Director of the AIT serves as the principal representative of the United States in Taiwan and is responsible for preserving and promoting extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan on behalf of the United States Government. ( 7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. ( (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 6) As Taiwan is a critical partner of the United States in the Indo-Pacific, robust oversight over United States policy towards the island is necessary. ( (8) Several officers with relatively limited policy roles when compared to the Director of the American Institute in Taiwan are subject to the advice and consent of the Senate including the officials at the John F. Kennedy Center For The Performing Arts and the Barry Goldwater Scholarship And Excellence In Education Foundation. ( a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (2) Contents.--The report required under paragraph (1) shall-- (A) describe the progress made in such negotiations; (B) contain a transparent, open, and detailed accounting of such negotiations to date, including the number of meetings or conversations held and with whom; (C) identify the key stakeholders involved in such negotiations; and (D) describe the challenges concerning the United States Government's ability to advance the name change and recommendations to resolve, mitigate, or otherwise address related challenges. ( c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. 2) In May 2019, the Taiwanese counterpart to the American Institute in Taiwan (AIT), the Coordination Council for North American Affairs was renamed Taiwan Council for U.S. Affairs. ( (5) The Director of the AIT serves as the principal representative of the United States in Taiwan and is responsible for preserving and promoting extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan on behalf of the United States Government. ( 7) Requiring the advice and consent of the Senate with regards to the Director of the AIT signals the importance of the U.S.-Taiwan relationship. ( (11) As the United States does not have diplomatic relations with Taiwan, Taiwanese officials and diplomats do not receive diplomatic visas; instead, they are provided investor visas, which do not accurately represent their purpose in the United States as official representatives of Taiwan. a) Negotiations.--Reflective of the substantively deepening ties between Taiwan and the United States, the Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office in the United States. ( (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. c) Location in Taipei, Taiwan.--An individual who serves as the Director of the American Institute in Taiwan shall serve at the Institute in Taipei, Taiwan. ( b) Inapplicability of Certain Provisions Related to Issuing of Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 1257) is amended by striking ``or (15)(G)'' each place it appears and inserting ``(15)(G), or (15)(W)''.

Taiwan Diplomatic Review Act This bill directs the Department of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office in the United States to rename its office in Washington, D.C., the Taiwan Representative Office. The bill also requires the Department to report to Congress on the status of negotiations between the Department and the Taiwan Council for U.S. Affairs. Amends the Immigration and Nationality Act to: (1) provide for the adjustment of the status of certain resident aliens to nonimmigrant status; and (2) make such adjustment inapplicable to the issuance of visas. (Sec. 3) Amends the Foreign Assistance Act of 1961 to provide for: (

H.R.2787

International Affairs

Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021 or the SECURE CAMPUS Act of 2021 This bill prohibits certain Chinese citizens from receiving visas to participate in graduate or post-graduate studies in science, technology, engineering, or math (STEM) and contains other related provisions. This prohibition applies to F (academic student) and J (exchange visitor) visas and does not apply to citizens or permanent residents of Taiwan or Hong Kong. (China considers Taiwan a Chinese province. Hong Kong is a special administrative region within China, and most of its permanent inhabitants are Chinese citizens.) The Department of State may waive this prohibition on a case-by-case basis for national security purposes or if the applicant is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. Institutions of higher education in the federal Student and Exchange Visitor Program must annually certify that no prohibited Chinese citizens are permitted to participate in the institution's graduate or post-graduate STEM programs. A recipient of a federal STEM research grant must certify that the recipient (1) is not a Chinese citizen or a participant in a Chinese government foreign researcher recruitment program (a program that compensates individuals to conduct STEM-related research and development), and (2) will not knowingly use grant funds to employ such an individual. Entities that receive certain federal research or education assistance shall not knowingly employ any individual participating in a Chinese government foreign researcher recruitment program. An individual who recruits or performs research for such a program must register as an agent of a foreign principal.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. Be it enacted by the Senate 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 Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. SEC. 2. EXCLUSION OF CERTAIN CITIZENS OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) to, and the Secretary of Homeland Security may not admit to the United States pursuant to such a nonimmigrant visa, an alien who is a citizen of the People's Republic of China if the Secretary of State determines that the alien seeks to enter the United States to participate in graduate- level or post-graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at an institution of higher education. (b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. (d) Student and Exchange Visitor Program Certification Requirement.-- Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. (2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. SEC. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. As a condition of receiving a Federal research and development grant in a field of science, technology, engineering, or mathematics, a grant recipient shall certify that the recipient-- (1) is not-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7; and (2) will not knowingly employ to carry out activities funded by the Federal research and development grant-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7. SEC. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. (b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. SEC. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. Notwithstanding section 3 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 613), any individual in the United States who is associated with a foreign talent recruitment program of the People's Republic of China, either as a recruiter or as a recruit-- (1) shall be deemed to be an agent of a foreign principal (as defined in section 1(c) of such Act (22 U.S.C. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. SEC. 6. ECONOMIC ESPIONAGE. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. SEC. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General, the Secretary of Defense, and the Director of National Intelligence, shall compile and publish in the Federal Register a list of foreign talent recruitment programs of the People's Republic of China. (b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. SEC. 8. DEFINITIONS. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). <all>

SECURE CAMPUS Act of 2021

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes.

SECURE CAMPUS Act of 2021 Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021

Rep. Kustoff, David

R

TN

This bill prohibits certain Chinese citizens from receiving visas to participate in graduate or post-graduate studies in science, technology, engineering, or math (STEM) and contains other related provisions. This prohibition applies to F (academic student) and J (exchange visitor) visas and does not apply to citizens or permanent residents of Taiwan or Hong Kong. (China considers Taiwan a Chinese province. Hong Kong is a special administrative region within China, and most of its permanent inhabitants are Chinese citizens.) The Department of State may waive this prohibition on a case-by-case basis for national security purposes or if the applicant is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. Institutions of higher education in the federal Student and Exchange Visitor Program must annually certify that no prohibited Chinese citizens are permitted to participate in the institution's graduate or post-graduate STEM programs. A recipient of a federal STEM research grant must certify that the recipient (1) is not a Chinese citizen or a participant in a Chinese government foreign researcher recruitment program (a program that compensates individuals to conduct STEM-related research and development), and (2) will not knowingly use grant funds to employ such an individual. Entities that receive certain federal research or education assistance shall not knowingly employ any individual participating in a Chinese government foreign researcher recruitment program. An individual who recruits or performs research for such a program must register as an agent of a foreign principal.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. SHORT TITLE. This Act may be cited as the ``Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. SHORT TITLE. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. Be it enacted by the Senate 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 Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. (b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. Be it enacted by the Senate 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 Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021'' or the ``SECURE CAMPUS Act of 2021''. EXCLUSION OF CERTAIN CITIZENS OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. (2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report.--Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. (d) Student and Exchange Visitor Program Certification Requirement.-- Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended by adding at the end the following: ``(3) Certification relating to stem fields.-- ``(A) In general.--As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post- graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to require the denial of a visa application of-- (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. (2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. As a condition of receiving a Federal research and development grant in a field of science, technology, engineering, or mathematics, a grant recipient shall certify that the recipient-- (1) is not-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7; and (2) will not knowingly employ to carry out activities funded by the Federal research and development grant-- (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. ECONOMIC ESPIONAGE. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA. (b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. SEC. 8. DEFINITIONS. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( 2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. CONDITIONS ON FEDERAL RESEARCH GRANTS. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( 2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. CONDITIONS ON FEDERAL RESEARCH GRANTS. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Applicability.--Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( 2) National security interests.-- (A) In general.--The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. ( ``(B) Participating institution of higher education defined.--In this paragraph, the term `participating institution of higher education' means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program.''. ( 2) Definition of bona fide hong kong applicant.--In this subsection, ``bona fide Hong Kong applicant'' means an individual who-- (A)(i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii)(I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People's Republic of China, or any entity controlled by the government of the People's Republic of China; (B) is a citizen of the People's Republic of China; and (C) is not a citizen of any other country. CONDITIONS ON FEDERAL RESEARCH GRANTS. (a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. 611(c)); and (2) shall comply with the registration requirements set forth in section 2 of such Act (22 U.S.C. 612) not later than 30 days after the later of-- (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( CONDITIONS ON FEDERAL RESEARCH GRANTS. ( a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. b) Program Participation Agreements.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. Section 1839(1) of title 18, United States Code, is amended-- (1) by inserting ``education, research,'' after ``commercial,''; and (2) by inserting ``or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership'' after ``foreign government''. b) Annual Review and Revision.--Not less frequently than annually, the Secretary of State shall-- (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register.

To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. c) Waivers.-- (1) Humanitarian purposes.--The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. ( CONDITIONS ON FEDERAL RESEARCH GRANTS. ( a) In General.--Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. ( 1094(a)) is amended by adding at the end the following: ``(30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021.''. In this Act: (1) Foreign talent recruitment program of the people's republic of china.--The term ``foreign talent recruitment program of the People's Republic of China'' means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. ( 2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021 or the SECURE CAMPUS ACT of 2021 This bill directs the Department of State to deny a nonimmigrant visa to, and the Secretary of Homeland Security (DHS) to not admit, an alien who is Amends the Higher Education Act of 1965 to prohibit an institution of higher education from knowingly employing any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with the SECURE CAMPUS Act of 2021. (Sec. 5) Requires the Secretary, in consultation with the Attorney General, the Secretaries of Defense

H.R.5378

Science, Technology, Communications

Spectrum Innovation Act of 2021 This bill specifies a process for auctioning a portion of the electromagnetic spectrum between 3100 megahertz (MHz) and 3540 MHz for nonfederal use, shared federal and nonfederal use, or a combination of those uses. Most wireless technologies (e.g., mobile communication) rely on the electromagnetic spectrum to transmit signals. Specifically, the Office of Management and Budget must transfer funding from the Spectrum Reallocation Fund to federal entities for planning related to the reallocation. The National Telecommunications and Information Administration (NTIA) and the Executive Office of the President must oversee the planning. Informed by the planning, the Department of Commerce must identify at least 200 MHz of spectrum for reallocation. In identifying the spectrum, Commerce must consult with the Department of Defense, the Office of National Science and Technology Policy, and the Federal Communications Commission (FCC). The FCC must (1) adopt rules authorizing the use of the identified spectrum in consultation with the NTIA, and (2) auction licenses for the identified spectrum within seven years of the bill's enactment. Additionally, the President must modify or withdraw (subject to certain limits) current federal assignments of the identified spectrum to increase nonfederal use. The FCC must allow for opportunistic uses (i.e., allow devices to opportunistically identify and transmit on unused spectrum without infringing on the rights of the spectrum license holder) of a withdrawn or modified assignment. An allowed opportunistic use must cease after the auction if the use is inconsistent with the rights of the licensee that obtains its license through the auction.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Innovation Act of 2021''. SEC. 2. SPECTRUM AUCTIONS AND INNOVATION. (a) Definitions.--In this section: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Covered band.--The term ``covered band'' means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive. (4) Federal entity.--The term ``Federal entity'' has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). (5) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Armed Services of the Senate. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (b) 3.1-3.45 GHz Band.-- (1) Pipeline funding.-- (A) In general.--Immediately following the approval under subparagraph (E) of subsection (g)(2) of section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) of a plan submitted under subparagraph (D)(i)(I) of such subsection by a Federal entity with operations in the covered band, the Director of the Office of Management and Budget shall transfer to such Federal entity from the Spectrum Relocation Fund established under such section $50,000,000 for such Federal entity to carry out activities described in subparagraph (A) of such subsection in order to make available the entire covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including by making available-- (i) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (ii) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). (C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. (D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). (E) Report to secretary of commerce and congress.-- Not later than 18 months after the date of enactment of this Act, for the purposes of aiding the Secretary in making the identification under paragraph (2) and informed by the activities carried out using a payment under subparagraph (A), any Federal entity receiving such a payment, in consultation with the Assistant Secretary and the Executive Office of the President, shall submit to the Secretary and the relevant congressional committees a report that-- (i) contains the findings of the activities carried out using such payment; and (ii) recommends-- (I) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (II) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (2) Identification.--Not later than 24 months after the date of enactment of this Act, informed by the activities carried out using a payment under paragraph (1)(A) and the report required under paragraph (1)(E), the Secretary, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Commission, shall submit to the President, the Commission, and the relevant congressional committees a report that-- (A) identifies for inclusion in a system of competitive bidding under paragraph (3) at least 200 megahertz of frequencies in the covered band for non- Federal use, shared Federal and non-Federal use, or a combination thereof; and (B) identifies additional frequencies in the covered band that could be made available for non- Federal use, shared Federal and non-Federal use, or a combination thereof. (3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. (B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). (4) Modification or withdrawal.-- (A) In general.--The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non- Federal use, or a combination thereof in accordance with that paragraph. (B) Limitations.--The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)-- (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). (6) Rules authorizing additional use of spectrum in covered band.--Not later than 4 years after the date of enactment of this Act, the Commission, in consultation with the Assistant Secretary, shall adopt rules that authorize the use of spectrum in the covered band identified under paragraph (2)(B) for non- Federal use, shared Federal and non-Federal use, or a combination thereof. (7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. Opportunistic use, if such use is inconsistent with the rights of licensees that obtained licenses through such auction, shall cease upon the issuance by the Commission of such licenses. (B) Limitation.--The Commission may allow for opportunistic use described in subparagraph (A) only if the President, in consultation with the Assistant Secretary, determines that the primary mission of Federal entities in the covered band will not be compromised by the introduction of devices operating in the covered band. (c) FCC Auction Authority.-- (1) Termination.--Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. (2) Spectrum pipeline act of 2015.--The Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. (d) Relationship to Other Law.-- (1) In general.--This section and the amendments made by this section shall apply instead of any other provision of law relating to the covered band that is enacted during the period beginning on September 24, 2021, and ending on January 1, 2022. (2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band. <all>

Spectrum Innovation Act of 2021

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes.

Spectrum Innovation Act of 2021

Rep. Doyle, Michael F.

D

PA

This bill specifies a process for auctioning a portion of the electromagnetic spectrum between 3100 megahertz (MHz) and 3540 MHz for nonfederal use, shared federal and nonfederal use, or a combination of those uses. Most wireless technologies (e.g., mobile communication) rely on the electromagnetic spectrum to transmit signals. Specifically, the Office of Management and Budget must transfer funding from the Spectrum Reallocation Fund to federal entities for planning related to the reallocation. The National Telecommunications and Information Administration (NTIA) and the Executive Office of the President must oversee the planning. Informed by the planning, the Department of Commerce must identify at least 200 MHz of spectrum for reallocation. In identifying the spectrum, Commerce must consult with the Department of Defense, the Office of National Science and Technology Policy, and the Federal Communications Commission (FCC). The FCC must (1) adopt rules authorizing the use of the identified spectrum in consultation with the NTIA, and (2) auction licenses for the identified spectrum within seven years of the bill's enactment. Additionally, the President must modify or withdraw (subject to certain limits) current federal assignments of the identified spectrum to increase nonfederal use. The FCC must allow for opportunistic uses (i.e., allow devices to opportunistically identify and transmit on unused spectrum without infringing on the rights of the spectrum license holder) of a withdrawn or modified assignment. An allowed opportunistic use must cease after the auction if the use is inconsistent with the rights of the licensee that obtains its license through the auction.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. SHORT TITLE. This Act may be cited as the ``Spectrum Innovation Act of 2021''. SEC. 2. SPECTRUM AUCTIONS AND INNOVATION. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Covered band.--The term ``covered band'' means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive. 923(l)). (5) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Armed Services of the Senate. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. (D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. 1601) may participate in the system of competitive bidding required by subparagraph (A). (B) Limitations.--The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)-- (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. Opportunistic use, if such use is inconsistent with the rights of licensees that obtained licenses through such auction, shall cease upon the issuance by the Commission of such licenses. 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. (2) Spectrum pipeline act of 2015.--The Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. (d) Relationship to Other Law.-- (1) In general.--This section and the amendments made by this section shall apply instead of any other provision of law relating to the covered band that is enacted during the period beginning on September 24, 2021, and ending on January 1, 2022.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. This Act may be cited as the ``Spectrum Innovation Act of 2021''. 2. SPECTRUM AUCTIONS AND INNOVATION. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Covered band.--The term ``covered band'' means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive. 923(l)). (5) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Armed Services of the Senate. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. (D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. 1601) may participate in the system of competitive bidding required by subparagraph (A). (B) Limitations.--The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)-- (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. SHORT TITLE. This Act may be cited as the ``Spectrum Innovation Act of 2021''. SEC. 2. SPECTRUM AUCTIONS AND INNOVATION. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Covered band.--The term ``covered band'' means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive. 923(l)). (5) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Armed Services of the Senate. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. (C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. (D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). (E) Report to secretary of commerce and congress.-- Not later than 18 months after the date of enactment of this Act, for the purposes of aiding the Secretary in making the identification under paragraph (2) and informed by the activities carried out using a payment under subparagraph (A), any Federal entity receiving such a payment, in consultation with the Assistant Secretary and the Executive Office of the President, shall submit to the Secretary and the relevant congressional committees a report that-- (i) contains the findings of the activities carried out using such payment; and (ii) recommends-- (I) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (II) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. 1601) may participate in the system of competitive bidding required by subparagraph (A). (B) Limitations.--The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)-- (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. Opportunistic use, if such use is inconsistent with the rights of licensees that obtained licenses through such auction, shall cease upon the issuance by the Commission of such licenses. 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. (2) Spectrum pipeline act of 2015.--The Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. (d) Relationship to Other Law.-- (1) In general.--This section and the amendments made by this section shall apply instead of any other provision of law relating to the covered band that is enacted during the period beginning on September 24, 2021, and ending on January 1, 2022.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Innovation Act of 2021''. SEC. 2. SPECTRUM AUCTIONS AND INNOVATION. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Covered band.--The term ``covered band'' means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive. 923(l)). (5) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Armed Services of the Senate. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. 928) of a plan submitted under subparagraph (D)(i)(I) of such subsection by a Federal entity with operations in the covered band, the Director of the Office of Management and Budget shall transfer to such Federal entity from the Spectrum Relocation Fund established under such section $50,000,000 for such Federal entity to carry out activities described in subparagraph (A) of such subsection in order to make available the entire covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including by making available-- (i) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (ii) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. (C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. (D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). (E) Report to secretary of commerce and congress.-- Not later than 18 months after the date of enactment of this Act, for the purposes of aiding the Secretary in making the identification under paragraph (2) and informed by the activities carried out using a payment under subparagraph (A), any Federal entity receiving such a payment, in consultation with the Assistant Secretary and the Executive Office of the President, shall submit to the Secretary and the relevant congressional committees a report that-- (i) contains the findings of the activities carried out using such payment; and (ii) recommends-- (I) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (II) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. (B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). (B) Limitations.--The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)-- (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. (7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. Opportunistic use, if such use is inconsistent with the rights of licensees that obtained licenses through such auction, shall cease upon the issuance by the Commission of such licenses. 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. (2) Spectrum pipeline act of 2015.--The Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. (d) Relationship to Other Law.-- (1) In general.--This section and the amendments made by this section shall apply instead of any other provision of law relating to the covered band that is enacted during the period beginning on September 24, 2021, and ending on January 1, 2022. (2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 2) Commission.--The term ``Commission'' means the Federal Communications Commission. ( B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). (C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. ( D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). ( 3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). (4) Modification or withdrawal.-- (A) In general.--The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non- Federal use, or a combination thereof in accordance with that paragraph. ( 5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( (7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. c) FCC Auction Authority.-- (1) Termination.--Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. ( 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. ( 2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 4) Federal entity.--The term ``Federal entity'' has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). ( 6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. ( B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). ( C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. ( 3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). ( (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( 7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. ( 2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 4) Federal entity.--The term ``Federal entity'' has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). ( 6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. ( B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). ( C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. ( 3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). ( (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( 7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. ( 2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 2) Commission.--The term ``Commission'' means the Federal Communications Commission. ( B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). (C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. ( D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). ( 3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). (4) Modification or withdrawal.-- (A) In general.--The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non- Federal use, or a combination thereof in accordance with that paragraph. ( 5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( (7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. c) FCC Auction Authority.-- (1) Termination.--Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. ( 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. ( 2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 4) Federal entity.--The term ``Federal entity'' has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). ( 6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. ( B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). ( C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. ( 3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). ( (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( 7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. ( 2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 2) Commission.--The term ``Commission'' means the Federal Communications Commission. ( B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). (C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. ( D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). ( 3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). (4) Modification or withdrawal.-- (A) In general.--The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non- Federal use, or a combination thereof in accordance with that paragraph. ( 5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( (7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. c) FCC Auction Authority.-- (1) Termination.--Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. ( 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. ( 2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 4) Federal entity.--The term ``Federal entity'' has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). ( 6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. ( B) Exemption.--Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A). ( C) Consideration of common platform.--In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. ( 3) Auction.-- (A) In general.--Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph. ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). ( (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( 7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. ( 2) Rule of construction.--For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). ( ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). ( 5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( ( 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. ( 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. (

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( 7) Opportunistic use of identified frequencies.-- (A) In general.--Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. (

To make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. D) Oversight.--The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). ( ( B) Prohibition.--No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required by subparagraph (A). ( 5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ( ( 309(j)(11)) is amended by striking ``2025'' and all that follows and inserting ``2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such authority shall expire on the date that is 7 years after the date of enactment of that Act.''. ( 621) is amended-- (A) in section 1004-- (i) in subsection (a), by striking ``2022'' and inserting ``2024''; and (ii) in subsection (b)(1), by striking ``2022'' and inserting ``2024''; and (B) in section 1006(c)(1), by striking ``Not later'' and all that follows through ``for at least'' and inserting ``Not later than January 1, 2024, for at least''. (

Spectrum Innovation Act of 2021 - Directs the Director of the Office of Management and Budget (OMB) to transfer to a Federal entity from the Spectrum Relocation Fund established under the National Telecommunications and Information Administration Organization Act (NTIA) $50 million for such entity to carry out activities to make available frequencies in the 3.1-3.45 GHz band for non-Federal Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to adopt rules that authorize the use of spectrum in the covered band for non-federal use, shared Federal and non-Federal use, or a combination thereof. (Currently, the FCC may allow for such use only if the President determines that the primary mission of federal entities in the band will not

S.4409

Commerce

Political Bias In Algorithm Sorting Emails Act of 2022 or the Political BIAS Emails Act of 2022 This bill restricts email providers from applying filtering algorithms that label political campaign messages as spam and requires providers to publicly report on their email delivery practices.

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Bias In Algorithm Sorting Emails Act of 2022'' or the ``Political BIAS Emails Act of 2022''. SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO FILTERING POLITICAL EMAILS THAT A CONSUMER HAS ELECTED TO RECEIVE. (a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. (2) Effective date.--The prohibition under subsection (1) shall take effect on the date that is 3 months after the date of enactment of this Act. (b) Quarterly Transparency Report.-- (1) In general.--Beginning with the first year that begins on or after the date that is 120 days after the date of enactment of this Act, each operator of an email service shall be required to make publicly available, on a quarterly basis, a transparency report that meets the requirements of this subsection. (2) Content of report.--Each quarterly report by an operator of an email service required under this subsection shall include the following: (A) The total number of instances during the previous quarter in which emails from political campaigns were flagged as spam. (B) The number of instances during the previous quarter in which emails from political campaigns were flagged as spam by a filtering algorithm without direction from the email account owner or user. (C) The total number of instances during the previous quarter when emails from political campaigns of candidates belonging to the Republican Party were flagged as spam. (D) The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Republican Party. (E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. (F) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Republican Party. (G) The total number of instances during the previous quarter when emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam. (H) The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Democratic Party. (I) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. (J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. (K) A descriptive summary of the kinds of tools, practices, actions, and techniques used by an operator of an email service during the previous quarter in determining which emails from political campaigns to flag as spam. (3) Publication and format.--The operator of an email service shall publish each quarterly report required under this subsection with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers. (c) Disclosure for Political Campaigns.-- (1) In general.--Beginning 3 months after the date of the enactment of this Act, each operator of an email service shall be required to disclose to a political campaign, upon the request of the campaign and subject to paragraph (3), a report that includes any of the information described in paragraph (2) that is requested by the campaign. (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. (B) The percentage of emails sent from the political campaign requesting the information that were flagged as spam during the previous quarter. (C) The number of instances during the previous calendar quarter when emails from the political campaign requesting the information were flagged as spam by a filtering algorithm. (D) The total number of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. (E) The percentage of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. (F) A descriptive summary as to why an email from the political campaign requesting the information did not reach the intended recipient's primary inbox. (3) Frequency of requests.--A political campaign may not request that an operator of an email service provide a report containing any of the information described in paragraph (2) more than-- (A) once per week during election years; (B) twice per month during non-election years; and (C) once a week in the 12 months preceding the date of a special election in which a candidate associated with the political campaign is seeking election. (4) Best practices.--An operator of an email service shall provide to a political campaign, upon request, best practices on steps the political campaign should take to increase the number of emails from the political campaign that reach the intended recipient's primary inbox. (5) Deadline for providing disclosure to political campaigns.--An operator of an email service that receives a request from a political campaign for a disclosure report described in paragraph (1) or best practices described in paragraph (4) shall provide such report or best practices to the political campaign not later than 4 days after the operator receives the request. (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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 section. (B) Privileges and immunities.--Any person who violates subsection (a) 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.). (C) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. SEC. 3. DEFINITIONS. In this Act: (1) Filtering algorithm.--The term ``filtering algorithm'' means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account. (2) Operator.-- (A) In general.--The term ``operator'' means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. (B) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. (3) Political campaign.--The term ``political campaign'' includes-- (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E). <all>

Political BIAS Emails Act of 2022

A bill to prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam.

Political BIAS Emails Act of 2022 Political Bias In Algorithm Sorting Emails Act of 2022

Sen. Thune, John

R

SD

This bill restricts email providers from applying filtering algorithms that label political campaign messages as spam and requires providers to publicly report on their email delivery practices.

SHORT TITLE. 2. (I) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. (3) Publication and format.--The operator of an email service shall publish each quarterly report required under this subsection with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers. (B) The percentage of emails sent from the political campaign requesting the information that were flagged as spam during the previous quarter. (F) A descriptive summary as to why an email from the political campaign requesting the information did not reach the intended recipient's primary inbox. (3) Frequency of requests.--A political campaign may not request that an operator of an email service provide a report containing any of the information described in paragraph (2) more than-- (A) once per week during election years; (B) twice per month during non-election years; and (C) once a week in the 12 months preceding the date of a special election in which a candidate associated with the political campaign is seeking election. (5) Deadline for providing disclosure to political campaigns.--An operator of an email service that receives a request from a political campaign for a disclosure report described in paragraph (1) or best practices described in paragraph (4) shall provide such report or best practices to the political campaign not later than 4 days after the operator receives the request. (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) SEC. 3. DEFINITIONS. (2) Operator.-- (A) In general.--The term ``operator'' means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. (B) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

2. (I) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. (3) Publication and format.--The operator of an email service shall publish each quarterly report required under this subsection with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers. (B) The percentage of emails sent from the political campaign requesting the information that were flagged as spam during the previous quarter. (F) A descriptive summary as to why an email from the political campaign requesting the information did not reach the intended recipient's primary inbox. (3) Frequency of requests.--A political campaign may not request that an operator of an email service provide a report containing any of the information described in paragraph (2) more than-- (A) once per week during election years; (B) twice per month during non-election years; and (C) once a week in the 12 months preceding the date of a special election in which a candidate associated with the political campaign is seeking election. (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) SEC. 3. (2) Operator.-- (A) In general.--The term ``operator'' means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Bias In Algorithm Sorting Emails Act of 2022'' or the ``Political BIAS Emails Act of 2022''. 2. (b) Quarterly Transparency Report.-- (1) In general.--Beginning with the first year that begins on or after the date that is 120 days after the date of enactment of this Act, each operator of an email service shall be required to make publicly available, on a quarterly basis, a transparency report that meets the requirements of this subsection. (I) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. (3) Publication and format.--The operator of an email service shall publish each quarterly report required under this subsection with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers. (B) The percentage of emails sent from the political campaign requesting the information that were flagged as spam during the previous quarter. (F) A descriptive summary as to why an email from the political campaign requesting the information did not reach the intended recipient's primary inbox. (3) Frequency of requests.--A political campaign may not request that an operator of an email service provide a report containing any of the information described in paragraph (2) more than-- (A) once per week during election years; (B) twice per month during non-election years; and (C) once a week in the 12 months preceding the date of a special election in which a candidate associated with the political campaign is seeking election. (5) Deadline for providing disclosure to political campaigns.--An operator of an email service that receives a request from a political campaign for a disclosure report described in paragraph (1) or best practices described in paragraph (4) shall provide such report or best practices to the political campaign not later than 4 days after the operator receives the request. (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice 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 section. (B) Privileges and immunities.--Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. (C) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. SEC. 3. DEFINITIONS. In this Act: (1) Filtering algorithm.--The term ``filtering algorithm'' means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account. (2) Operator.-- (A) In general.--The term ``operator'' means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. (B) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Bias In Algorithm Sorting Emails Act of 2022'' or the ``Political BIAS Emails Act of 2022''. 2. (a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. (2) Effective date.--The prohibition under subsection (1) shall take effect on the date that is 3 months after the date of enactment of this Act. (b) Quarterly Transparency Report.-- (1) In general.--Beginning with the first year that begins on or after the date that is 120 days after the date of enactment of this Act, each operator of an email service shall be required to make publicly available, on a quarterly basis, a transparency report that meets the requirements of this subsection. (C) The total number of instances during the previous quarter when emails from political campaigns of candidates belonging to the Republican Party were flagged as spam. (I) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. (K) A descriptive summary of the kinds of tools, practices, actions, and techniques used by an operator of an email service during the previous quarter in determining which emails from political campaigns to flag as spam. (3) Publication and format.--The operator of an email service shall publish each quarterly report required under this subsection with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers. (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. (B) The percentage of emails sent from the political campaign requesting the information that were flagged as spam during the previous quarter. (E) The percentage of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. (F) A descriptive summary as to why an email from the political campaign requesting the information did not reach the intended recipient's primary inbox. (3) Frequency of requests.--A political campaign may not request that an operator of an email service provide a report containing any of the information described in paragraph (2) more than-- (A) once per week during election years; (B) twice per month during non-election years; and (C) once a week in the 12 months preceding the date of a special election in which a candidate associated with the political campaign is seeking election. (5) Deadline for providing disclosure to political campaigns.--An operator of an email service that receives a request from a political campaign for a disclosure report described in paragraph (1) or best practices described in paragraph (4) shall provide such report or best practices to the political campaign not later than 4 days after the operator receives the request. (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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 section. (B) Privileges and immunities.--Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. (C) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. SEC. 3. DEFINITIONS. In this Act: (1) Filtering algorithm.--The term ``filtering algorithm'' means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account. (2) Operator.-- (A) In general.--The term ``operator'' means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. (B) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( (2) Content of report.--Each quarterly report by an operator of an email service required under this subsection shall include the following: (A) The total number of instances during the previous quarter in which emails from political campaigns were flagged as spam. ( E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. ( (H) The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Democratic Party. ( J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( E) The percentage of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. ( (4) Best practices.--An operator of an email service shall provide to a political campaign, upon request, best practices on steps the political campaign should take to increase the number of emails from the political campaign that reach the intended recipient's primary inbox. ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) (B) Privileges and immunities.--Any person who violates subsection (a) 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) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. ( 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO FILTERING POLITICAL EMAILS THAT A CONSUMER HAS ELECTED TO RECEIVE. ( a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( (E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. ( J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( D) The total number of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. ( (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO FILTERING POLITICAL EMAILS THAT A CONSUMER HAS ELECTED TO RECEIVE. ( a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( (E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. ( J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( D) The total number of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. ( (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( (2) Content of report.--Each quarterly report by an operator of an email service required under this subsection shall include the following: (A) The total number of instances during the previous quarter in which emails from political campaigns were flagged as spam. ( E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. ( (H) The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Democratic Party. ( J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( E) The percentage of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. ( (4) Best practices.--An operator of an email service shall provide to a political campaign, upon request, best practices on steps the political campaign should take to increase the number of emails from the political campaign that reach the intended recipient's primary inbox. ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) (B) Privileges and immunities.--Any person who violates subsection (a) 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) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. ( 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO FILTERING POLITICAL EMAILS THAT A CONSUMER HAS ELECTED TO RECEIVE. ( a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( (E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. ( J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( D) The total number of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. ( (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( (2) Content of report.--Each quarterly report by an operator of an email service required under this subsection shall include the following: (A) The total number of instances during the previous quarter in which emails from political campaigns were flagged as spam. ( E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. ( (H) The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Democratic Party. ( J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( E) The percentage of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. ( (4) Best practices.--An operator of an email service shall provide to a political campaign, upon request, best practices on steps the political campaign should take to increase the number of emails from the political campaign that reach the intended recipient's primary inbox. ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) (B) Privileges and immunities.--Any person who violates subsection (a) 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) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. ( 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO FILTERING POLITICAL EMAILS THAT A CONSUMER HAS ELECTED TO RECEIVE. ( a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( (E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithm without direction from the email account owner or user. ( J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( D) The total number of emails sent from the political campaign requesting the information that reached the intended recipient's primary inbox. ( (d) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) ( ( B) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. ( 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. a) Conduct Prohibited.-- (1) In general.--It shall be unlawful for an operator of an email service to use a filtering algorithm to apply a label to an email sent to an email account from a political campaign unless the owner or user of the account took action to apply such a label. ( ( 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

To prohibit providers of email services from using filtering algorithms to flag emails from political campaigns that consumers have elected to receive as spam. J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithm without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic Party. ( (2) Content of the disclosure.--The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaign requesting the information were flagged as spam. ( 2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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.) ( ( B) Exclusions.--Such term shall not include any person who operates an email service if such service is wholly owned, controlled, and operated by a person that-- (i) for the most recent 6-month period, did not employ more than 500 employees; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts. ( 30101(2)); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).

Political Bias In Algorithm Sorting Emails Act of 2022 or the Political BIAS Emails Act - Prohibits an operator of an email service from using a filtering algorithm to apply a label to an email sent to an account from a political campaign unless the owner or user of the account took action to apply such a label. Requires each operator to make publicly available, on a quarterly basis Directs the Federal Trade Commission (FTC) to: (1) enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the FTC Act were incorporated into this Act; and (2) treat violations of this Act as violations of a rule defining an unfair or deceptive act or practice

S.208

International Affairs

Holding Russia Accountable for Malign Activities Act of 2021 This bill directs the President to impose visa- and asset-blocking sanctions on any current or former official of Russia's government involved in the August 20, 2020, poisoning of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. An individual or entity that violates, attempts to violate, conspires to violate, or causes a violation of such sanctions shall be subject to civil and criminal penalties. In addition, the President shall report to Congress on the personal wealth of Russian President Vladimir Putin and his family members. The Department of State shall report to Congress on the circumstances of the February 27, 2015, assassination of Russian opposition leader Boris Nemtsov.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Holding Russia Accountable for Malign Activities Act of 2021''. SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. (a) Identification.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report identifying any current or former official of, or other individual acting for or on behalf of, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. (b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. (c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. (B) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1), or any regulation, license, or order issued to carry out that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. (3) Exceptions.-- (A) Exception for intelligence activities.-- Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (ii) Good defined.--In this subparagraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Definitions.--In this section: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. SEC. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Director of National Intelligence, shall submit to Congress a report detailing the circumstances of the assassination on February 27, 2015, of Russian opposition leader Boris Nemtsov, including-- (1) a list of the individuals the Secretary determines to have been involved in the assassination as perpetrators or as having organized or directed the assassination; (2) a description of what measures, if any, have been taken by the Government of the Russian Federation to investigate the assassination and bring the individuals described in paragraph (1) to justice; and (3) an assessment of the effectiveness of those measures. SEC. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. (b) Personal Wealth.--The report required by subsection (a) shall include an assessment of the assets, investments, bank accounts, other business interests, and relevant beneficial ownership information of Vladimir Putin and his family members. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. SEC. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. It is the sense of Congress that the Secretary of State should urge the Government of Germany to withdraw its support for the Nord Stream 2 gas pipeline from the Russian Federation, emphasizing the impropriety of involvement in a project that will support a government that murders its citizens for highlighting corruption and other abuses, while at the same making Europe more reliant on the destabilizing and untrustworthy leadership of the Russian Federation. SEC. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604(a)) with respect to whether the recent use of Novichok on August 20, 2020, against Russian opposition leader Alexei Navalny by the Government of the Russian Federation constituted the use of chemical or biological weapons in violation of international law or the use of lethal chemical or biological weapons against its own nationals as described in that section; and (2) if the President makes an affirmative determination under paragraph (1), impose the sanctions required by section 307 of that Act (22 U.S.C. 5605). SEC. 7. CALLING FOR RELEASE OF ALEXEI NAVALNY AND OTHER POLITICAL PRISONERS FROM POLITICALLY MOTIVATED DETENTION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights. <all>

Holding Russia Accountable for Malign Activities Act of 2021

A bill to impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes.

Holding Russia Accountable for Malign Activities Act of 2021

Sen. Coons, Christopher A.

D

DE

This bill directs the President to impose visa- and asset-blocking sanctions on any current or former official of Russia's government involved in the August 20, 2020, poisoning of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. An individual or entity that violates, attempts to violate, conspires to violate, or causes a violation of such sanctions shall be subject to civil and criminal penalties. In addition, the President shall report to Congress on the personal wealth of Russian President Vladimir Putin and his family members. The Department of State shall report to Congress on the circumstances of the February 27, 2015, assassination of Russian opposition leader Boris Nemtsov.

SHORT TITLE. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. 2656 note) or the following sanctions: (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. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. 1702 and 1704) to the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605). SEC. 7. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

SHORT TITLE. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. 2656 note) or the following sanctions: (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. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. SEC. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

SHORT TITLE. This Act may be cited as the ``Holding Russia Accountable for Malign Activities Act of 2021''. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. (a) Identification.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report identifying any current or former official of, or other individual acting for or on behalf of, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. 2656 note) or the following sanctions: (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. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. 1702 and 1704) to the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (ii) Good defined.--In this subparagraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Definitions.--In this section: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605). SEC. 7. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Holding Russia Accountable for Malign Activities Act of 2021''. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. (a) Identification.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report identifying any current or former official of, or other individual acting for or on behalf of, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. 2656 note) or the following sanctions: (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. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. (c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (ii) Good defined.--In this subparagraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Definitions.--In this section: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. It is the sense of Congress that the Secretary of State should urge the Government of Germany to withdraw its support for the Nord Stream 2 gas pipeline from the Russian Federation, emphasizing the impropriety of involvement in a project that will support a government that murders its citizens for highlighting corruption and other abuses, while at the same making Europe more reliant on the destabilizing and untrustworthy leadership of the Russian Federation. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605). SEC. 7. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. ( 2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. ( 2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. ( 2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( ( C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( ( ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( ( C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

Holding Russia Accountable for Malign Activities Act of 2021 - Directs the President to report to Congress identifying any current or former official of, or other individual acting for, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. Directs Directs the Secretary of State, in coordination with the Director of National Intelligence, to report to Congress on the circumstances of the assassination on February 27, 2015, of Russian opposition leader Boris Nemtsov, including: (1) a list of the individuals the Secretary determines to have been involved in the assassination as perpetrators or as having organized or directed the assassination; (2) a description

H.R.1223

International Affairs

Holding Russia Accountable for Malign Activities Act of 2021 This bill directs the President to impose visa- and asset-blocking sanctions on any current or former official of Russia's government involved in the August 20, 2020, poisoning of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. An individual or entity that violates, attempts to violate, conspires to violate, or causes a violation of such sanctions shall be subject to civil and criminal penalties. In addition, the President shall report to Congress on the personal wealth of Russian President Vladimir Putin and his family members. The Department of State shall report to Congress on the circumstances of the February 27, 2015, assassination of Russian opposition leader Boris Nemtsov.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Holding Russia Accountable for Malign Activities Act of 2021''. SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. (a) Identification.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report identifying any current or former official of, or other individual acting for or on behalf of, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. (b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. (c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. (B) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1), or any regulation, license, or order issued to carry out that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. (3) Exceptions.-- (A) Exception for intelligence activities.-- Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (ii) Good defined.--In this subparagraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Definitions.--In this section: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. SEC. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Director of National Intelligence, shall submit to Congress a report detailing the circumstances of the assassination on February 27, 2015, of Russian opposition leader Boris Nemtsov, including-- (1) a list of the individuals the Secretary determines to have been involved in the assassination as perpetrators or as having organized or directed the assassination; (2) a description of what measures, if any, have been taken by the Government of the Russian Federation to investigate the assassination and bring the individuals described in paragraph (1) to justice; and (3) an assessment of the effectiveness of those measures. SEC. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. (b) Personal Wealth.--The report required by subsection (a) shall include an assessment of the assets, investments, bank accounts, other business interests, and relevant beneficial ownership information of Vladimir Putin and his family members. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. SEC. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. It is the sense of Congress that the Secretary of State should urge the Government of Germany to withdraw its support for the Nord Stream 2 gas pipeline from the Russian Federation, emphasizing the impropriety of involvement in a project that will support a government that murders its citizens for highlighting corruption and other abuses, while at the same making Europe more reliant on the destabilizing and untrustworthy leadership of the Russian Federation. SEC. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604(a)) with respect to whether the recent use of Novichok on August 20, 2020, against Russian opposition leader Alexei Navalny by the Government of the Russian Federation constituted the use of chemical or biological weapons in violation of international law or the use of lethal chemical or biological weapons against its own nationals as described in that section; and (2) if the President makes an affirmative determination under paragraph (1), impose the sanctions required by section 307 of that Act (22 U.S.C. 5605). SEC. 7. CALLING FOR RELEASE OF ALEXEI NAVALNY AND OTHER POLITICAL PRISONERS FROM POLITICALLY MOTIVATED DETENTION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights. <all>

Holding Russia Accountable for Malign Activities Act of 2021

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes.

Holding Russia Accountable for Malign Activities Act of 2021

Rep. Cohen, Steve

D

TN

This bill directs the President to impose visa- and asset-blocking sanctions on any current or former official of Russia's government involved in the August 20, 2020, poisoning of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. An individual or entity that violates, attempts to violate, conspires to violate, or causes a violation of such sanctions shall be subject to civil and criminal penalties. In addition, the President shall report to Congress on the personal wealth of Russian President Vladimir Putin and his family members. The Department of State shall report to Congress on the circumstances of the February 27, 2015, assassination of Russian opposition leader Boris Nemtsov.

SHORT TITLE. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. 2656 note) or the following sanctions: (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. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. 1702 and 1704) to the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605). SEC. 7. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

SHORT TITLE. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. 2656 note) or the following sanctions: (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. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. SEC. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

SHORT TITLE. This Act may be cited as the ``Holding Russia Accountable for Malign Activities Act of 2021''. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. (a) Identification.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report identifying any current or former official of, or other individual acting for or on behalf of, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. 2656 note) or the following sanctions: (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. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. 1702 and 1704) to the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (ii) Good defined.--In this subparagraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Definitions.--In this section: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605). SEC. 7. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Holding Russia Accountable for Malign Activities Act of 2021''. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF OPPOSITION LEADER ALEXEI NAVALNY. (a) Identification.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report identifying any current or former official of, or other individual acting for or on behalf of, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. 2656 note) or the following sanctions: (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. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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) cancel any other valid visa or entry documentation that is in the alien's possession. (c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (ii) Good defined.--In this subparagraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (d) Definitions.--In this section: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. (2) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. It is the sense of Congress that the Secretary of State should urge the Government of Germany to withdraw its support for the Nord Stream 2 gas pipeline from the Russian Federation, emphasizing the impropriety of involvement in a project that will support a government that murders its citizens for highlighting corruption and other abuses, while at the same making Europe more reliant on the destabilizing and untrustworthy leadership of the Russian Federation. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. It is the sense of Congress that the President should-- (1) make a determination under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605). SEC. 7. (b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. ( 2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. ( 2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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 the official or other individual identified in the report required by 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.-- (i) In general.--An alien identified in the report required by subsection (a) 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 the extent necessary to carry out this section. ( 2) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON THE ASSASSINATION OF BORIS NEMTSOV. a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR NORD STREAM 2 PIPELINE. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. b) Imposition of Sanctions.--With respect to each official or other individual identified in the report required by subsection (a), the President shall impose sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) or the following sanctions: (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.) (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien identified in the report required by 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.). ( c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( (B) Exception to comply with international obligations.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien 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) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY MEMBERS. ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( ( C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. c) Waiver; Exceptions; Implementation of Sanctions.-- (1) Implementation; penalties.-- (A) 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 the extent necessary to carry out this section. ( ( ( a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the sources and extent of the personal wealth of the President of the Russian Federation, Vladimir Putin, and his family members. ( ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

To impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. to the extent necessary to block and prohibit all transactions in property and interests in property of the official or other individual identified in the report required by 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) National security waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines and certifies to Congress that such a waiver is in the national security interests of the United States. ( ( C) Exception relating to the importation of goods.-- (i) In general.--The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. ( (a) Sense of Congress.--It is the sense of Congress that authorities of the Government of the Russian Federation detained opposition leader Alexei Navalny on false charges when he returned to Moscow on January 17, 2021, after receiving treatment for Novichok poisoning in Germany. ( b) Calling for Release of Political Prisoners.--Congress calls on the Government of the Russian Federation to immediately release Navalny and all other political prisoners in the Russian Federation currently imprisoned for exercising their fundamental rights.

Holding Russia Accountable for Malign Activities Act of 2021 - Directs the President to report to Congress identifying any current or former official of, or other individual acting for, the Government of the Russian Federation that the President determines was involved in the poisoning on August 20, 2020, of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. Directs Directs the Secretary of State, in coordination with the Director of National Intelligence, to report to Congress on the circumstances of the assassination on February 27, 2015, of Russian opposition leader Boris Nemtsov, including: (1) a list of the individuals the Secretary determines to have been involved in the assassination as perpetrators or as having organized or directed the assassination; (2) a description

H.R.7434

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) Required Amounts.--The Secretary shall, to the extent economically feasible as provided in subsection (d), remove-- (1) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 through 2025; (2) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (3) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (4) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (b) Timing.--The Secretary shall remove each amount of carbon dioxide required under subsection (a) by not later than 3 years after the beginning of the fiscal year for which such removal is required. (c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. (d) Economic Feasibility.-- (1) In general.--The removal of carbon dioxide under this section shall be considered economically feasible if such removal can be accomplished or, in the case of a contract, purchased-- (A) with respect to such removal carried out for any of fiscal years 2024 through 2025, at a price per metric ton of carbon dioxide of not more than $550; (B) with respect to such removal carried out for any of fiscal years 2026 through 2028, at a price per metric ton of carbon dioxide of not more than $400; (C) with respect to such removal carried out for any of fiscal years 2029 through 2031, at a price per metric ton of carbon dioxide of not more than $300; (D) with respect to such removal carried out for any of fiscal years 2032 through 2034, at a price per metric ton of carbon dioxide of not more than $200; and (E) with respect to such removal carried out for fiscal year 2035 and each fiscal year thereafter, at a price per metric ton of carbon dioxide of not more than $150. (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). (3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. (e) Federal Assistance.--Funds received pursuant to a contract entered into under subsection (h) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including tax incentives. (f) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity the Secretary enters into a contract with under subsection (h), shall monitor, report, and verify the net metric tons of carbon dioxide the Secretary or such entity, as applicable, removed for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. (3) Prohibition on double counting.--Carbon dioxide that is removed for the purposes of compliance 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 (a) for purposes of meeting the requirements of such subsection. (g) Priorities.--In carrying out this section, the Secretary shall give priority to any project for the removal of carbon dioxide that-- (1) minimizes the amount of greenhouse gas emissions released by carrying out such project; (2) supports the commercialization of innovative removal technologies; (3) increases the diversity of commercially available eligible technologies; (4) provides the greatest potential for domestic job creation; (5) results 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; (6) quantifies and mitigates the effect of removing carbon dioxide on environmental justice, the environment, and public health; and (7) includes robust public engagement and community benefits. (h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). (2) Length.--A contract entered into under this subsection may not be for a term of more than 15 years. (i) Report.--Not later than January 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress, and release to the public, a report on the progress of carrying out the requirements of this section, which such report shall include-- (1) the amounts verified under subsection (f)(1); (2) the total price, and price per metric ton, to remove carbon dioxide for the applicable fiscal year as required under subsection (a); (3) the methods associated with the monitoring, reporting, and verification required under subsection (f)(1); (4) an estimate of how removing carbon dioxide under this section affects environmental justice, the environment, and public health; and (5) information on potential labor impacts and job creation resulting from fulfilling the requirements of subsection (a). (j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. (k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. (B) Exclusion.--The term ``eligible technology'' does not include any equipment, technique, or technology that-- (i) removes carbon dioxide which is deliberately released from naturally occurring subsurface springs; (ii) removes carbon dioxide using natural photosynthesis; or (iii) is related to the extraction, refinement, delivery, or use of fossil fuels, including enhanced oil recovery. (C) Expansion of eligible technology.-- Notwithstanding subparagraph (B)(ii), any equipment, technique, or technology that removes carbon dioxide using gasification or pyrolysis of solid, nonhazardous, and cellulosic waste materials may be considered an eligible technology under this section if the Secretary, by rule-- (i) determines an entity that carries out a removal project under this section is able to adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; (ii) determines an entity that carries out a removal project under this section is able to adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology; and (iii) requires an entity carrying out a removal project under this section to-- (I) adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; and (II) adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology. (2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a). <all>

Federal Carbon Dioxide Removal Leadership Act of 2022

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

Rep. Tonko, Paul

D

NY

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.

2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). (h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). (C) Expansion of eligible technology.-- Notwithstanding subparagraph (B)(ii), any equipment, technique, or technology that removes carbon dioxide using gasification or pyrolysis of solid, nonhazardous, and cellulosic waste materials may be considered an eligible technology under this section if the Secretary, by rule-- (i) determines an entity that carries out a removal project under this section is able to adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; (ii) determines an entity that carries out a removal project under this section is able to adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology; and (iii) requires an entity carrying out a removal project under this section to-- (I) adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; and (II) adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a).

2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). (h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). (C) Expansion of eligible technology.-- Notwithstanding subparagraph (B)(ii), any equipment, technique, or technology that removes carbon dioxide using gasification or pyrolysis of solid, nonhazardous, and cellulosic waste materials may be considered an eligible technology under this section if the Secretary, by rule-- (i) determines an entity that carries out a removal project under this section is able to adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; (ii) determines an entity that carries out a removal project under this section is able to adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology; and (iii) requires an entity carrying out a removal project under this section to-- (I) adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; and (II) adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a).

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. SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (d) Economic Feasibility.-- (1) In general.--The removal of carbon dioxide under this section shall be considered economically feasible if such removal can be accomplished or, in the case of a contract, purchased-- (A) with respect to such removal carried out for any of fiscal years 2024 through 2025, at a price per metric ton of carbon dioxide of not more than $550; (B) with respect to such removal carried out for any of fiscal years 2026 through 2028, at a price per metric ton of carbon dioxide of not more than $400; (C) with respect to such removal carried out for any of fiscal years 2029 through 2031, at a price per metric ton of carbon dioxide of not more than $300; (D) with respect to such removal carried out for any of fiscal years 2032 through 2034, at a price per metric ton of carbon dioxide of not more than $200; and (E) with respect to such removal carried out for fiscal year 2035 and each fiscal year thereafter, at a price per metric ton of carbon dioxide of not more than $150. (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). (e) Federal Assistance.--Funds received pursuant to a contract entered into under subsection (h) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including tax incentives. (g) Priorities.--In carrying out this section, the Secretary shall give priority to any project for the removal of carbon dioxide that-- (1) minimizes the amount of greenhouse gas emissions released by carrying out such project; (2) supports the commercialization of innovative removal technologies; (3) increases the diversity of commercially available eligible technologies; (4) provides the greatest potential for domestic job creation; (5) results 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; (6) quantifies and mitigates the effect of removing carbon dioxide on environmental justice, the environment, and public health; and (7) includes robust public engagement and community benefits. (h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). (j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. (C) Expansion of eligible technology.-- Notwithstanding subparagraph (B)(ii), any equipment, technique, or technology that removes carbon dioxide using gasification or pyrolysis of solid, nonhazardous, and cellulosic waste materials may be considered an eligible technology under this section if the Secretary, by rule-- (i) determines an entity that carries out a removal project under this section is able to adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; (ii) determines an entity that carries out a removal project under this section is able to adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology; and (iii) requires an entity carrying out a removal project under this section to-- (I) adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; and (II) adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a).

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) Required Amounts.--The Secretary shall, to the extent economically feasible as provided in subsection (d), remove-- (1) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 through 2025; (2) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (3) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (4) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (d) Economic Feasibility.-- (1) In general.--The removal of carbon dioxide under this section shall be considered economically feasible if such removal can be accomplished or, in the case of a contract, purchased-- (A) with respect to such removal carried out for any of fiscal years 2024 through 2025, at a price per metric ton of carbon dioxide of not more than $550; (B) with respect to such removal carried out for any of fiscal years 2026 through 2028, at a price per metric ton of carbon dioxide of not more than $400; (C) with respect to such removal carried out for any of fiscal years 2029 through 2031, at a price per metric ton of carbon dioxide of not more than $300; (D) with respect to such removal carried out for any of fiscal years 2032 through 2034, at a price per metric ton of carbon dioxide of not more than $200; and (E) with respect to such removal carried out for fiscal year 2035 and each fiscal year thereafter, at a price per metric ton of carbon dioxide of not more than $150. (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). (e) Federal Assistance.--Funds received pursuant to a contract entered into under subsection (h) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including tax incentives. (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. (3) Prohibition on double counting.--Carbon dioxide that is removed for the purposes of compliance 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 (a) for purposes of meeting the requirements of such subsection. (g) Priorities.--In carrying out this section, the Secretary shall give priority to any project for the removal of carbon dioxide that-- (1) minimizes the amount of greenhouse gas emissions released by carrying out such project; (2) supports the commercialization of innovative removal technologies; (3) increases the diversity of commercially available eligible technologies; (4) provides the greatest potential for domestic job creation; (5) results 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; (6) quantifies and mitigates the effect of removing carbon dioxide on environmental justice, the environment, and public health; and (7) includes robust public engagement and community benefits. (h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). (j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. (C) Expansion of eligible technology.-- Notwithstanding subparagraph (B)(ii), any equipment, technique, or technology that removes carbon dioxide using gasification or pyrolysis of solid, nonhazardous, and cellulosic waste materials may be considered an eligible technology under this section if the Secretary, by rule-- (i) determines an entity that carries out a removal project under this section is able to adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; (ii) determines an entity that carries out a removal project under this section is able to adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology; and (iii) requires an entity carrying out a removal project under this section to-- (I) adequately monitor, report, and verify the amount of greenhouse gas emissions, calculated on a lifecycle basis (including direct emissions and significant indirect emissions), associated with such equipment, technique, or technology; and (II) adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with such equipment, technique, or technology. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a).

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. b) Timing.--The Secretary shall remove each amount of carbon dioxide required under subsection (a) by not later than 3 years after the beginning of the fiscal year for which such removal is required. (c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. ( (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). ( 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( 3) Prohibition on double counting.--Carbon dioxide that is removed for the purposes of compliance 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 (a) for purposes of meeting the requirements of such subsection. h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). ( 2) Length.--A contract entered into under this subsection may not be for a term of more than 15 years. j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( 4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a).

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. 2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). ( 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). ( j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. 2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). ( 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). ( j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. b) Timing.--The Secretary shall remove each amount of carbon dioxide required under subsection (a) by not later than 3 years after the beginning of the fiscal year for which such removal is required. (c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. ( (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). ( 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( 3) Prohibition on double counting.--Carbon dioxide that is removed for the purposes of compliance 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 (a) for purposes of meeting the requirements of such subsection. h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). ( 2) Length.--A contract entered into under this subsection may not be for a term of more than 15 years. j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( 4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a).

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. 2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). ( 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). ( j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. b) Timing.--The Secretary shall remove each amount of carbon dioxide required under subsection (a) by not later than 3 years after the beginning of the fiscal year for which such removal is required. (c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. ( (2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). ( 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( 3) Prohibition on double counting.--Carbon dioxide that is removed for the purposes of compliance 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 (a) for purposes of meeting the requirements of such subsection. h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). ( 2) Length.--A contract entered into under this subsection may not be for a term of more than 15 years. j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( 4) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that does not remove more than 5 percent of the net metric tons of carbon dioxide required to be removed for the applicable fiscal year under subsection (a).

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. c) 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 for each of fiscal years 2024 through 2034 under subsection (a) shall be removed by small removal projects. 2) Inclusion of monitoring, reporting, and verification costs.--In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (f)(1). ( 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( h) Contracts.-- (1) In general.--The Secretary may enter into contracts to meet the requirements of subsection (a). ( j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. 2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. 3) Multi-year contracts.--Notwithstanding paragraph (1), the removal of carbon dioxide carried out pursuant to a multi- year contract entered into under subsection (h) 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 paragraph (1), through the entire length of such contract. ( (2) Best practices.--The Secretary shall ensure that any project for the removal of carbon dioxide for which a contract is entered into under subsection (h) 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-- (A) used by similar carbon dioxide removal projects; and (B) necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( k) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater, as determined appropriate by the Secretary. ( 2) Remove.--The term ``remove'' means to-- (A) capture carbon dioxide using eligible technology; and (B) permanently store such captured carbon dioxide-- (i) in a subsurface geologic formation or in materials, including building materials and mineralized carbon materials; or (ii) using other permanent storage methods, as determined by the Secretary. ( 3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (

Federal Carbon Dioxide Removal Leadership Act of 2022 - Directs the Secretary of Energy to: (1) remove specified amounts of carbon dioxide from ambient air or seawater by not later than three years after the beginning of the fiscal year for which such removal is required; and (2) to the extent practicable, at least 20% of such carbon dioxide shall be removed by small removal Directs the Secretary of Energy (DOE) to report to Congress and the public every two years on the progress of carrying out the requirements of this Act, including: (1) the amounts verified under this Act; (2) the total price, and price per metric ton, to remove carbon dioxide for the applicable fiscal year; (3) the methods associated with the monitoring,

H.R.313

Government Operations and Politics

Targeted Federal Funding to Invest in Communities Act This bill supports state, territorial, tribal, and local governments in providing resources to residents, especially those in historically underserved communities, to improve measurable outcomes for health, education, and quality of life. States are eligible for support if they are in the bottom 10 of all 50 states in combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of state population with a college degree. Also eligible for support are U.S. territories, tribal governments, and the District of Columbia. A local government in an eligible state may receive direct support if it is in a county with persistent poverty. Recipients shall use the funds to cover only those costs that The Office of Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds.

To provide increased funding for States and communities in need, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Federal Funding to Invest in Communities Act''. SEC. 2. PURPOSE. The purpose of this Act is to support State and local governments in providing resources so all residents, especially those in historically underserved communities, live healthy, equitable, and fulfilling lives by-- (1) providing funding for programs that improve the quality of life for all residents; (2) investing in communities to provide prosperity and economic security for all people; and (3) ensuring that funding is directed at counteracting systemic injustices and historic disinvestment. SEC. 3. DEFINITIONS. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. The average life expectancy shall be determined based on the most recent year for which data are available from the Centers for Disease Control and Prevention National Center for Health Statistics. The infant mortality rate shall be determined based on data from the Centers for Disease Control National Center for Health Statistics for the most recent year for which the data are available. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. The percentage of State population with a college degree shall be determined based on the most recent year for which data are available from the Bureau of the Census. (2) Persistent poverty county.--The term ``persistent poverty county'' means any county with a poverty rate of not less than 20 percent, as determined in each of the 1990 and 2000 decennial censuses, and in the Small Area Income and Poverty Estimates of the Bureau of the Census for the most recent year for which the estimates are available. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. NEW RACE TO THE TOP FUND. (a) Authorization of Appropriations.-- (1) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are authorized to be appropriated for making payments to eligible States, Tribal governments, and units of local government under this section, $20,000,000,000 for each of fiscal years 2021 through 2026. (2) Reservation of funds.--Of the amount appropriated under paragraph (1), the Secretary shall reserve-- (A) $2,000,000,000 of such amount for making payments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; (B) $3,000,000,000 of such amount for making payments to Tribal governments; and (C) $5,000,000,000 of such amount for making payment to persistent poverty counties within eligible States. (b) Authority To Make Payments.-- (1) In general.--Subject to paragraph (2), not later than 90 days after the date of enactment of this section, and annually thereafter, the Secretary shall pay each eligible State, tribal and territorial government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2021 through 2026 under subsection (c). (2) Direct payments to units of local government.--If a unit of local government of a State submits the certification required by subsection (e) for purposes of receiving a direct payment from the Secretary under the authority of this paragraph, the Secretary shall reduce the amount allocated in (a)(2)(C) by the relative unit of local government population proportion amount described in subsection (c)(5) and pay such amount directly to such unit of local government. (c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. (B) Pro rata adjustments.--The Secretary shall adjust on a pro rata basis the amount of the payments for each of the eligible States determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term ``relative State population proportion'' means, with respect to a State, the quotient of-- (A) the population of the State; and (B) the total population of all eligible States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). (5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. (6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. (7) Tribal governments.--From the amount set aside under subsection (a)(2)(B) for fiscal years 2021 through 2026, the amount paid under this section for each fiscal year to a Tribal government shall be the amount the Secretary shall determine, in consultation with the Secretary of the Interior and Indian Tribes, that is based on increased expenditures of each such Tribal government (or a tribally owned entity of such Tribal government) relative to aggregate expenditures in fiscal year 2019 by the Tribal government (or tribally owned entity) and determined in such manner as the Secretary determines appropriate to ensure that all amounts available under subsection (a)(2)(B) for fiscal years 2021 through 2026 are distributed to Tribal governments. (8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. (d) Use of Funds.--A State, Tribal government, and unit of local government shall use the funds provided under a payment made under this section to cover only those costs of the State, Tribal government, or unit of local government that-- (1) are necessary expenditures to create or expand activity or programs consistent with the purposes of this Act that will improve measurable outcomes for health, education, and quality of life for residents; (2) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and (3) were incurred during the period that begins on the date of enactment of this section, and ends five years from the date of enactment of this section. (e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section. <all>

Targeted Federal Funding to Invest in Communities Act

To provide increased funding for States and communities in need, and for other purposes.

Targeted Federal Funding to Invest in Communities Act

Rep. Richmond, Cedric L.

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This bill supports state, territorial, tribal, and local governments in providing resources to residents, especially those in historically underserved communities, to improve measurable outcomes for health, education, and quality of life. States are eligible for support if they are in the bottom 10 of all 50 states in combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of state population with a college degree. Also eligible for support are U.S. territories, tribal governments, and the District of Columbia. A local government in an eligible state may receive direct support if it is in a county with persistent poverty. Recipients shall use the funds to cover only those costs that The Office of Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds.

This Act may be cited as the ``Targeted Federal Funding to Invest in Communities Act''. 2. 3. The average life expectancy shall be determined based on the most recent year for which data are available from the Centers for Disease Control and Prevention National Center for Health Statistics. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. NEW RACE TO THE TOP FUND. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. (3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. (6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. (7) Tribal governments.--From the amount set aside under subsection (a)(2)(B) for fiscal years 2021 through 2026, the amount paid under this section for each fiscal year to a Tribal government shall be the amount the Secretary shall determine, in consultation with the Secretary of the Interior and Indian Tribes, that is based on increased expenditures of each such Tribal government (or a tribally owned entity of such Tribal government) relative to aggregate expenditures in fiscal year 2019 by the Tribal government (or tribally owned entity) and determined in such manner as the Secretary determines appropriate to ensure that all amounts available under subsection (a)(2)(B) for fiscal years 2021 through 2026 are distributed to Tribal governments. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

This Act may be cited as the ``Targeted Federal Funding to Invest in Communities Act''. 2. 3. The average life expectancy shall be determined based on the most recent year for which data are available from the Centers for Disease Control and Prevention National Center for Health Statistics. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. NEW RACE TO THE TOP FUND. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. (3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. (6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary.

SHORT TITLE. This Act may be cited as the ``Targeted Federal Funding to Invest in Communities Act''. 2. The purpose of this Act is to support State and local governments in providing resources so all residents, especially those in historically underserved communities, live healthy, equitable, and fulfilling lives by-- (1) providing funding for programs that improve the quality of life for all residents; (2) investing in communities to provide prosperity and economic security for all people; and (3) ensuring that funding is directed at counteracting systemic injustices and historic disinvestment. 3. DEFINITIONS. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. The average life expectancy shall be determined based on the most recent year for which data are available from the Centers for Disease Control and Prevention National Center for Health Statistics. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. NEW RACE TO THE TOP FUND. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. (B) Pro rata adjustments.--The Secretary shall adjust on a pro rata basis the amount of the payments for each of the eligible States determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. (6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. (7) Tribal governments.--From the amount set aside under subsection (a)(2)(B) for fiscal years 2021 through 2026, the amount paid under this section for each fiscal year to a Tribal government shall be the amount the Secretary shall determine, in consultation with the Secretary of the Interior and Indian Tribes, that is based on increased expenditures of each such Tribal government (or a tribally owned entity of such Tribal government) relative to aggregate expenditures in fiscal year 2019 by the Tribal government (or tribally owned entity) and determined in such manner as the Secretary determines appropriate to ensure that all amounts available under subsection (a)(2)(B) for fiscal years 2021 through 2026 are distributed to Tribal governments. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under 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 ``Targeted Federal Funding to Invest in Communities Act''. 2. The purpose of this Act is to support State and local governments in providing resources so all residents, especially those in historically underserved communities, live healthy, equitable, and fulfilling lives by-- (1) providing funding for programs that improve the quality of life for all residents; (2) investing in communities to provide prosperity and economic security for all people; and (3) ensuring that funding is directed at counteracting systemic injustices and historic disinvestment. 3. DEFINITIONS. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. The average life expectancy shall be determined based on the most recent year for which data are available from the Centers for Disease Control and Prevention National Center for Health Statistics. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (2) Persistent poverty county.--The term ``persistent poverty county'' means any county with a poverty rate of not less than 20 percent, as determined in each of the 1990 and 2000 decennial censuses, and in the Small Area Income and Poverty Estimates of the Bureau of the Census for the most recent year for which the estimates are available. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. NEW RACE TO THE TOP FUND. (2) Direct payments to units of local government.--If a unit of local government of a State submits the certification required by subsection (e) for purposes of receiving a direct payment from the Secretary under the authority of this paragraph, the Secretary shall reduce the amount allocated in (a)(2)(C) by the relative unit of local government population proportion amount described in subsection (c)(5) and pay such amount directly to such unit of local government. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. (B) Pro rata adjustments.--The Secretary shall adjust on a pro rata basis the amount of the payments for each of the eligible States determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. (6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. (7) Tribal governments.--From the amount set aside under subsection (a)(2)(B) for fiscal years 2021 through 2026, the amount paid under this section for each fiscal year to a Tribal government shall be the amount the Secretary shall determine, in consultation with the Secretary of the Interior and Indian Tribes, that is based on increased expenditures of each such Tribal government (or a tribally owned entity of such Tribal government) relative to aggregate expenditures in fiscal year 2019 by the Tribal government (or tribally owned entity) and determined in such manner as the Secretary determines appropriate to ensure that all amounts available under subsection (a)(2)(B) for fiscal years 2021 through 2026 are distributed to Tribal governments. (d) Use of Funds.--A State, Tribal government, and unit of local government shall use the funds provided under a payment made under this section to cover only those costs of the State, Tribal government, or unit of local government that-- (1) are necessary expenditures to create or expand activity or programs consistent with the purposes of this Act that will improve measurable outcomes for health, education, and quality of life for residents; (2) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and (3) were incurred during the period that begins on the date of enactment of this section, and ends five years from the date of enactment of this section. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. The infant mortality rate shall be determined based on data from the Centers for Disease Control National Center for Health Statistics for the most recent year for which the data are available. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (2) Reservation of funds.--Of the amount appropriated under paragraph (1), the Secretary shall reserve-- (A) $2,000,000,000 of such amount for making payments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; (B) $3,000,000,000 of such amount for making payments to Tribal governments; and (C) $5,000,000,000 of such amount for making payment to persistent poverty counties within eligible States. ( b) Authority To Make Payments.-- (1) In general.--Subject to paragraph (2), not later than 90 days after the date of enactment of this section, and annually thereafter, the Secretary shall pay each eligible State, tribal and territorial government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2021 through 2026 under subsection (c). ( (c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. ( 3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term ``relative State population proportion'' means, with respect to a State, the quotient of-- (A) the population of the State; and (B) the total population of all eligible States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). ( 5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. ( 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. ( f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. ( 6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. ( e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. ( 6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. ( e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. The infant mortality rate shall be determined based on data from the Centers for Disease Control National Center for Health Statistics for the most recent year for which the data are available. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (2) Reservation of funds.--Of the amount appropriated under paragraph (1), the Secretary shall reserve-- (A) $2,000,000,000 of such amount for making payments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; (B) $3,000,000,000 of such amount for making payments to Tribal governments; and (C) $5,000,000,000 of such amount for making payment to persistent poverty counties within eligible States. ( b) Authority To Make Payments.-- (1) In general.--Subject to paragraph (2), not later than 90 days after the date of enactment of this section, and annually thereafter, the Secretary shall pay each eligible State, tribal and territorial government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2021 through 2026 under subsection (c). ( (c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. ( 3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term ``relative State population proportion'' means, with respect to a State, the quotient of-- (A) the population of the State; and (B) the total population of all eligible States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). ( 5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. ( 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. ( f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. ( 6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. ( e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. The infant mortality rate shall be determined based on data from the Centers for Disease Control National Center for Health Statistics for the most recent year for which the data are available. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (2) Reservation of funds.--Of the amount appropriated under paragraph (1), the Secretary shall reserve-- (A) $2,000,000,000 of such amount for making payments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; (B) $3,000,000,000 of such amount for making payments to Tribal governments; and (C) $5,000,000,000 of such amount for making payment to persistent poverty counties within eligible States. ( b) Authority To Make Payments.-- (1) In general.--Subject to paragraph (2), not later than 90 days after the date of enactment of this section, and annually thereafter, the Secretary shall pay each eligible State, tribal and territorial government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2021 through 2026 under subsection (c). ( (c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. ( 3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term ``relative State population proportion'' means, with respect to a State, the quotient of-- (A) the population of the State; and (B) the total population of all eligible States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). ( 5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. ( 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. ( f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. ( 6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. ( e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. ( b) Authority To Make Payments.-- (1) In general.--Subject to paragraph (2), not later than 90 days after the date of enactment of this section, and annually thereafter, the Secretary shall pay each eligible State, tribal and territorial government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2021 through 2026 under subsection (c). ( ( c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. ( (4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term ``relative State population proportion'' means, with respect to a State, the quotient of-- (A) the population of the State; and (B) the total population of all eligible States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). ( 5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. ( ( f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. ( 6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. 8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. ( e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

To provide increased funding for States and communities in need, and for other purposes. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. ( b) Authority To Make Payments.-- (1) In general.--Subject to paragraph (2), not later than 90 days after the date of enactment of this section, and annually thereafter, the Secretary shall pay each eligible State, tribal and territorial government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2021 through 2026 under subsection (c). ( ( c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. ( (4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term ``relative State population proportion'' means, with respect to a State, the quotient of-- (A) the population of the State; and (B) the total population of all eligible States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). ( 5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. ( ( f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

Targeted Federal Funding to Invest in Communities Act - Directs the Secretary of the Treasury to make direct payments to states, tribal and territorial governments, and units of local government for FY2021-FY2026 to support state and local governments in providing resources so all residents, especially those in historically underserved communities, live healthy, equitable, and fulfilling lives by: (1) Directs the Secretary of the Treasury to: (1) determine the amount paid under this Act for FY2020 to a State that is the District of Columbia or a territory specified in this Act, and (2) from such amount for FY2021 through 2026, the amount to be paid to a Tribal government based on increased expenditures relative to aggregate expenditures in FY2019 by

S.186

Labor and Employment

Early Educators Apprenticeship Act This bill establishes a grant program to award to partnerships—which may include employers, institutions of higher education, labor unions, and community-based organizations—the federal share of the costs of apprenticeship programs focused on early childhood education.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Educators Apprenticeship Act''. SEC. 2. GRANTS FOR APPRENTICESHIP PROGRAMS. (a) Definitions.--In this section: (1) Apprentice.--The term ``apprentice'' means an individual participating in a registered apprenticeship program focused on early childhood education. (2) Apprenticeship.--Except when used in referring to or defining the term ``registered apprenticeship program'', the term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. (3) Credential or degree.--The term ``credential or degree'' means a recognized secondary or postsecondary credential, a high school diploma or its recognized equivalent, or a postsecondary degree (including an associate, baccalaureate, or other degree). (4) Eligible partnership.--The term ``eligible partnership'' means a partnership that-- (A) includes an individual employer or a consortium of employers (including schools and child care centers and family child care providers), and an institution of higher education; and (B) may include one or more-- (i) labor organizations; (ii) workforce intermediaries; (iii) economic development agencies; (iv) community-based organizations; (v) State educational agencies or local educational agencies, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and (vi) providers of support or specialized services for apprentices. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). (6) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act as in effect on December 30, 2019. (7) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Labor. (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. (c) Application.--An eligible partnership seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (d) Uses of Funds.-- (1) Required uses.--A grant under subsection (b) shall be used for activities that develop, administer, and evaluate an apprenticeship, including-- (A) equipping apprentices with specialized knowledge, skills, and competencies required to work in early childhood education; (B) increasing the number of individuals who complete an apprenticeship program and obtain a credential or degree or a certificate of completion of an apprenticeship program, including increasing such number in areas that are underserved or rural; (C) promoting recruitment and retention of apprentices; (D) providing a pathway to career advancement for apprentices by assisting such apprentices in completing an apprenticeship; (E) providing for evaluation and longitudinal data regarding apprentices participating in the program to determine long-term outcomes, including information needed for purposes of subsections (g) and (i); (F) supporting partnerships with institutions of higher education in the State in which the eligible partnership serves, or will serve, apprentices, businesses, and other entities participating in an apprenticeship to provide for-- (i) the award of postsecondary academic credit for related instruction or on-the-job training provided through the apprenticeship; and (ii) the application of such credit toward a credential or degree from an institution in the partnership; and (G) developing strategies to hire and retain qualified supervisors for apprentices that support such apprentices through-- (i) professional development; (ii) mentorship; (iii) evaluation; and (iv) training. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (b) may be used-- (A) in cooperation with the State agency responsible for apprenticeships in the State in which the eligible partnership serves or will serve apprentices, to create or maintain a statewide resource database for businesses, institutions of higher education, or other entities participating in an apprenticeship to share best practices, curricula, and other resources that directly contribute to administering an effective apprenticeship; (B) to establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on any workforce registry of such State and the registered apprenticeship program data system maintained by the Secretary of Labor, including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a credential or degree while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a credential or degree within 1 year after completing the apprenticeship; and (C) to pay the costs of tuition and fees for apprentices enrolled in programs of education leading to a credential or degree. (e) Priority.--The Secretary shall prioritize eligible partnerships that-- (1) include in the eligible partnership, or have developed partnerships with-- (A) Indian Tribes in the State in which the eligible partnership serves or will serve apprentices; or (B) institutions of higher education that serve minority populations; (2) operate or serve an apprenticeship program in a State that has a statewide credit articulation agreement in place that ensures credit transfer between participating institutions of higher education in the State and other relevant credential programs; or (3) provide an assurance that not less than 25 percent of the grant funds will be used to support apprenticeships in underserved or rural communities. (f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. (2) Limitation.--The Secretary shall award no greater than 20 grants under this section each fiscal year. (g) Grant Recipient Evaluation and Report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, an eligible partnership shall submit to the Secretary a report containing-- (1) an evaluation of the eligible partnership's apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices; and (2) the number of individuals served by the grant who are enrolled in, or completed, an educational credential, in the aggregate and disaggregated by type of credential or degree (including secondary school diploma, the recognized equivalent of a secondary school diploma, a certificate, a credential, an associate degree, a baccalaureate degree, and any other category of secondary or postsecondary credential) and as applicable, by specific educational program within the credential or degree (including, if applicable, a child development associate credential). (h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. (i) Report.--Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of each eligible partnership that received a grant under this Act to develop, administer, and evaluate apprenticeships, including evaluating-- (1) an increase in the number of apprentices in early childhood education; (2) an increase in the retention rates of individuals who work in early childhood education after completing an apprenticeship; (3) the career path of apprentices and individuals who have completed an apprenticeship; and (4) an increase in the number of credentials and degrees obtained by apprentices. (j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). SEC. 3. DEPARTMENT OF AGRICULTURE LOAN RESTRICTIONS. The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider. <all>

Early Educators Apprenticeship Act

A bill to direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.

Early Educators Apprenticeship Act

Sen. Young, Todd

R

IN

This bill establishes a grant program to award to partnerships—which may include employers, institutions of higher education, labor unions, and community-based organizations—the federal share of the costs of apprenticeship programs focused on early childhood education.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. SHORT TITLE. 2. GRANTS FOR APPRENTICESHIP PROGRAMS. (a) Definitions.--In this section: (1) Apprentice.--The term ``apprentice'' means an individual participating in a registered apprenticeship program focused on early childhood education. (3) Credential or degree.--The term ``credential or degree'' means a recognized secondary or postsecondary credential, a high school diploma or its recognized equivalent, or a postsecondary degree (including an associate, baccalaureate, or other degree). 7801); and (vi) providers of support or specialized services for apprentices. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 50 et seq. (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (c) Application.--An eligible partnership seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (b) may be used-- (A) in cooperation with the State agency responsible for apprenticeships in the State in which the eligible partnership serves or will serve apprentices, to create or maintain a statewide resource database for businesses, institutions of higher education, or other entities participating in an apprenticeship to share best practices, curricula, and other resources that directly contribute to administering an effective apprenticeship; (B) to establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on any workforce registry of such State and the registered apprenticeship program data system maintained by the Secretary of Labor, including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a credential or degree while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a credential or degree within 1 year after completing the apprenticeship; and (C) to pay the costs of tuition and fees for apprentices enrolled in programs of education leading to a credential or degree. (h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. SEC. DEPARTMENT OF AGRICULTURE LOAN RESTRICTIONS.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. SHORT TITLE. 2. GRANTS FOR APPRENTICESHIP PROGRAMS. (a) Definitions.--In this section: (1) Apprentice.--The term ``apprentice'' means an individual participating in a registered apprenticeship program focused on early childhood education. (3) Credential or degree.--The term ``credential or degree'' means a recognized secondary or postsecondary credential, a high school diploma or its recognized equivalent, or a postsecondary degree (including an associate, baccalaureate, or other degree). 7801); and (vi) providers of support or specialized services for apprentices. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (c) Application.--An eligible partnership seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. SEC.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. GRANTS FOR APPRENTICESHIP PROGRAMS. (a) Definitions.--In this section: (1) Apprentice.--The term ``apprentice'' means an individual participating in a registered apprenticeship program focused on early childhood education. (3) Credential or degree.--The term ``credential or degree'' means a recognized secondary or postsecondary credential, a high school diploma or its recognized equivalent, or a postsecondary degree (including an associate, baccalaureate, or other degree). 7801); and (vi) providers of support or specialized services for apprentices. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). 664, chapter 663; 29 U.S.C. 50 et seq. ), including any requirement, standard, or rule promulgated under such Act as in effect on December 30, 2019. (7) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Labor. (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (c) Application.--An eligible partnership seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (b) may be used-- (A) in cooperation with the State agency responsible for apprenticeships in the State in which the eligible partnership serves or will serve apprentices, to create or maintain a statewide resource database for businesses, institutions of higher education, or other entities participating in an apprenticeship to share best practices, curricula, and other resources that directly contribute to administering an effective apprenticeship; (B) to establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on any workforce registry of such State and the registered apprenticeship program data system maintained by the Secretary of Labor, including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a credential or degree while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a credential or degree within 1 year after completing the apprenticeship; and (C) to pay the costs of tuition and fees for apprentices enrolled in programs of education leading to a credential or degree. (g) Grant Recipient Evaluation and Report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, an eligible partnership shall submit to the Secretary a report containing-- (1) an evaluation of the eligible partnership's apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices; and (2) the number of individuals served by the grant who are enrolled in, or completed, an educational credential, in the aggregate and disaggregated by type of credential or degree (including secondary school diploma, the recognized equivalent of a secondary school diploma, a certificate, a credential, an associate degree, a baccalaureate degree, and any other category of secondary or postsecondary credential) and as applicable, by specific educational program within the credential or degree (including, if applicable, a child development associate credential). (h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. 3224a). SEC. DEPARTMENT OF AGRICULTURE LOAN RESTRICTIONS.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. GRANTS FOR APPRENTICESHIP PROGRAMS. (a) Definitions.--In this section: (1) Apprentice.--The term ``apprentice'' means an individual participating in a registered apprenticeship program focused on early childhood education. (3) Credential or degree.--The term ``credential or degree'' means a recognized secondary or postsecondary credential, a high school diploma or its recognized equivalent, or a postsecondary degree (including an associate, baccalaureate, or other degree). (4) Eligible partnership.--The term ``eligible partnership'' means a partnership that-- (A) includes an individual employer or a consortium of employers (including schools and child care centers and family child care providers), and an institution of higher education; and (B) may include one or more-- (i) labor organizations; (ii) workforce intermediaries; (iii) economic development agencies; (iv) community-based organizations; (v) State educational agencies or local educational agencies, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and (vi) providers of support or specialized services for apprentices. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). 664, chapter 663; 29 U.S.C. 50 et seq. ), including any requirement, standard, or rule promulgated under such Act as in effect on December 30, 2019. (7) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Labor. (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (c) Application.--An eligible partnership seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (b) may be used-- (A) in cooperation with the State agency responsible for apprenticeships in the State in which the eligible partnership serves or will serve apprentices, to create or maintain a statewide resource database for businesses, institutions of higher education, or other entities participating in an apprenticeship to share best practices, curricula, and other resources that directly contribute to administering an effective apprenticeship; (B) to establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on any workforce registry of such State and the registered apprenticeship program data system maintained by the Secretary of Labor, including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a credential or degree while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a credential or degree within 1 year after completing the apprenticeship; and (C) to pay the costs of tuition and fees for apprentices enrolled in programs of education leading to a credential or degree. (e) Priority.--The Secretary shall prioritize eligible partnerships that-- (1) include in the eligible partnership, or have developed partnerships with-- (A) Indian Tribes in the State in which the eligible partnership serves or will serve apprentices; or (B) institutions of higher education that serve minority populations; (2) operate or serve an apprenticeship program in a State that has a statewide credit articulation agreement in place that ensures credit transfer between participating institutions of higher education in the State and other relevant credential programs; or (3) provide an assurance that not less than 25 percent of the grant funds will be used to support apprenticeships in underserved or rural communities. (g) Grant Recipient Evaluation and Report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, an eligible partnership shall submit to the Secretary a report containing-- (1) an evaluation of the eligible partnership's apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices; and (2) the number of individuals served by the grant who are enrolled in, or completed, an educational credential, in the aggregate and disaggregated by type of credential or degree (including secondary school diploma, the recognized equivalent of a secondary school diploma, a certificate, a credential, an associate degree, a baccalaureate degree, and any other category of secondary or postsecondary credential) and as applicable, by specific educational program within the credential or degree (including, if applicable, a child development associate credential). (h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. (j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). SEC. DEPARTMENT OF AGRICULTURE LOAN RESTRICTIONS.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. 2) Apprenticeship.--Except when used in referring to or defining the term ``registered apprenticeship program'', the term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. ( (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( 2) Limitation.--The Secretary shall award no greater than 20 grants under this section each fiscal year. h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( 2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. GRANTS FOR APPRENTICESHIP PROGRAMS. ( 5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( (f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( (j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. GRANTS FOR APPRENTICESHIP PROGRAMS. ( 5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( (f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( (j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. 2) Apprenticeship.--Except when used in referring to or defining the term ``registered apprenticeship program'', the term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. ( (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( 2) Limitation.--The Secretary shall award no greater than 20 grants under this section each fiscal year. h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( 2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. GRANTS FOR APPRENTICESHIP PROGRAMS. ( 5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( (f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( (j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. 2) Apprenticeship.--Except when used in referring to or defining the term ``registered apprenticeship program'', the term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. ( (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( 2) Limitation.--The Secretary shall award no greater than 20 grants under this section each fiscal year. h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( 2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. GRANTS FOR APPRENTICESHIP PROGRAMS. ( 5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( (f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( (j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. 2) Apprenticeship.--Except when used in referring to or defining the term ``registered apprenticeship program'', the term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. ( (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( 2) Limitation.--The Secretary shall award no greater than 20 grants under this section each fiscal year. h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( 2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. GRANTS FOR APPRENTICESHIP PROGRAMS. ( 5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( (8) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( (f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( (j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. 2) Apprenticeship.--Except when used in referring to or defining the term ``registered apprenticeship program'', the term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. ( (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). ( b) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to eligible partnerships to pay the Federal share of the costs of developing, administering, and evaluating apprenticeships. ( f) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. ( 2) Limitation.--The Secretary shall award no greater than 20 grants under this section each fiscal year. h) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. ( 2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. j) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is a licensed child care provider.

Early Educators Apprenticeship Act This bill directs the Department of Labor to award grants to eligible partnerships to pay the federal share of the costs of developing, administering, and evaluating early childhood education apprenticeships. A grant shall be used for activities that develop, administer, and evaluate an apprenticeship, including: (1) equipping apprentices with specialized knowledge, skills, and competencies required Directs the Secretary of Agriculture to award no more than 20 grants to eligible partnerships to develop, administer, and evaluate apprenticeships in underserved or rural communities. (Sec. 3) Requires the Secretary to prioritize partnerships that: (1) include Indian Tribes in the State in which they serve or will serve apprentices; or (2) operate or serve an apprenticeship program in a

S.2089

Agriculture and Food

Keep Kids Fed Act of 2022 This bill provides funding for and makes changes to school meal programs and the Child and Adult Care Food Program (CACFP). It also rescinds certain funds provided under the American Rescue Plan Act of 2021; the Consolidated Appropriations Act, 2021; and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Specifically, the bill increases the reimbursement rate for school lunches by 40 cents and for school breakfasts by 15 cents for the school year beginning in July 2022. The bill extends the authority of the Department of Agriculture (USDA) to waive certain requirements for the school meal programs and the CACFP to address COVID-19. In particular, the bill extends authority The bill authorizes USDA to establish a nationwide waiver of statutory and regulatory requirements under child nutrition programs for the 2022-2023 school year. Additionally, the bill increase the reimbursement rate for meals and snacks under the CACFP by 10 cents for the school year beginning in July 2022. Further, the bill increases the reimbursement of tier II family or group day care homes to tier I amounts for the 2022-2023 school year. The bill rescinds certain funding provided to USDA, the Department of Education, and the Small Business Administration. Finally, the bill requires USDA to ensure that technical assistance is made available to states and school food authorities for assisting parents and school leaders with transitioning to the operation of school meal programs without certain waivers.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1309]] Public Law 117-158 117th Congress An Act To amend the Families First Coronavirus Response Act to extend child nutrition waiver authority, and for other purposes. <<NOTE: June 25, 2022 - [S. 2089]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Keep Kids Fed Act of 2022.>> SECTION 1. <<NOTE: 42 USC 1751 note.>> SHORT TITLE. This Act may be cited as the ``Keep Kids Fed Act of 2022''. SEC. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS. (a) <<NOTE: 42 USC 1753 note.>> In General.-- (1) Temporary lunch reimbursement.--Each lunch served under the school lunch program authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) shall receive additional reimbursement in the amount of 40 cents. (2) Temporary breakfast reimbursement.--Each breakfast served under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall receive additional reimbursement in the amount of 15 cents. (3) <<NOTE: Time period.>> Limitation.--The additional reimbursement amounts authorized under this subsection shall only be available for the school year beginning July 2022. (4) Appropriations.-- (A) In general.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this subsection. (B) Disbursement.--A State agency shall disburse funds made available under subparagraph (A) to school food authorities participating in the school meal programs described in paragraphs (1) and (2). (b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program.''; [[Page 136 STAT. 1310]] (2) in subsection (d)-- (A) by striking paragraph (2); and (B) by striking ``the following:'' in the matter preceding paragraph (1) and all that follows through ``A summary'' in paragraph (1) and inserting ``a summary''; and (3) by striking subsection (e) and inserting the following: ``(e) Sunset.-- ``(1) Nationwide waivers.--The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on September 30, 2022. ``(2) Waiver restriction.--After June 30, 2022, a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites-- ``(A) operating-- ``(i) the qualified program described in subsection (f)(1)(D); or ``(ii) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. ``(B) Meal pattern waiver.--The authority of the Secretary to establish or grant a waiver under subsection (c) shall expire on June 30, 2023. ``(4) Limitations.--A waiver authorized by the Secretary under this section shall not be in effect after the date on which the authority of the Secretary to establish or grant that waiver under this subsection expires.''. (c) <<NOTE: Applicability.>> Appropriation.--There are appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to provide waivers under section 2202(a) of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) that apply-- (1) <<NOTE: Time period.>> only during the months of May through September in 2022; and (2) to-- (A) the summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761); or (B) the option described in section 13(a)(8) of that Act (42 U.S.C. 1761(a)(8)). (d) <<NOTE: 42 USC 1760 note.>> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. (2) Sunset.--A nationwide waiver established by the Secretary of Agriculture under section 12(l) of the Richard B. [[Page 136 STAT. 1311]] Russell National School Lunch Act (42 U.S.C. 1760(l)) pursuant to paragraph (1) shall not be in effect after June 30, 2023. SEC. 3. <<NOTE: 42 USC 1766 note.>> CHILD AND ADULT CARE FOOD PROGRAM. (a) In General.-- (1) Temporary additional reimbursement for 2022-2023 school year.--Each meal and supplement served under the program authorized by section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) shall receive additional reimbursement in the amount of 10 cents. (2) Limitation.--The additional reimbursement amount authorized under paragraph (1) shall only be available for the school year beginning July 2022. (b) Tier Determinations for 2022-2023 School Year.--For the school year beginning July 2022, a tier II family or group day care home described in subsection (f)(3)(A)(iii) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) shall be considered a tier I family or group day care home for purposes of the program authorized under that section. (c) Appropriations.--There are appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. SEC. 4. RESCISSIONS AND SUNSET. (a) Rescissions.-- (1) USDA.-- (A) Of the unobligated balances from amounts made available to the Department of Agriculture in section 1001(a) of the American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; Public Law 117-2), $1,000,000,000 are hereby permanently rescinded. (B) Of the unobligated balances from amounts made available to the Department of Agriculture in section 751 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2105), $400,000,000 are hereby permanently rescinded. (2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), $400,000,000 are hereby permanently rescinded. (3) SBA.--Of the unobligated balances from amounts made available to the Small Business Administration in section 5005 of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 91) and in section 323(d)(1)(H) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2021) to carry out section 324 of such division of such Act (15 U.S.C. 9009a), $1,200,000,000 are hereby permanently rescinded. (b) Additional Rescission.--Of the unobligated balances from amounts made available to the Department of Agriculture under the heading ``Agricultural Programs--Office of the Secretary'' in title I of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. 505), $600,000,000 are hereby permanently rescinded. [[Page 136 STAT. 1312]] (c) Sunset.--Section 756 of division N of the Consolidated Appropriations Act, 2021 (7 U.S.C. 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. SEC. 5. <<NOTE: 42 USC 1760 note.>> OPERATIONALLY READY. The Secretary of Agriculture shall ensure that technical assistance is made available to States and school food authorities for purposes of assisting parents and school leaders with respect to the transition of operating school meal programs not pursuant to a waiver under section 2(d) or section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127). Approved June 25, 2022. LEGISLATIVE HISTORY--S. 2089: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 7, considered and passed Senate. June 23, considered and passed House, amended. Senate concurred in House amendments with an amendment. June 24, House concurred in Senate amendment. <all>

Keep Kids Fed Act of 2022

An Act to amend the Families First Coronavirus Response Act to extend child nutrition waiver authority, and for other purposes. A bill to amend title 38, United States Code, to ensure that grants provided by the Secretary of Veterans Affairs for State veterans' cemeteries do not restrict States from authorizing the interment of certain deceased members of the reserve components of the Armed Forces in such cemeteries, and for other purposes.

Burial Equity for Guards and Reserves Act of 2021 Burial Equity for Guards and Reserves Act of 2021 Burial Equity for Guards and Reserves Act of 2021 Burial Equity for Guards and Reserves Act of 2021

Sen. Shaheen, Jeanne

D

NH

This bill provides funding for and makes changes to school meal programs and the Child and Adult Care Food Program (CACFP). It also rescinds certain funds provided under the American Rescue Plan Act of 2021; the Consolidated Appropriations Act, 2021; and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Specifically, the bill increases the reimbursement rate for school lunches by 40 cents and for school breakfasts by 15 cents for the school year beginning in July 2022. The bill extends the authority of the Department of Agriculture (USDA) to waive certain requirements for the school meal programs and the CACFP to address COVID-19. In particular, the bill extends authority The bill authorizes USDA to establish a nationwide waiver of statutory and regulatory requirements under child nutrition programs for the 2022-2023 school year. Additionally, the bill increase the reimbursement rate for meals and snacks under the CACFP by 10 cents for the school year beginning in July 2022. Further, the bill increases the reimbursement of tier II family or group day care homes to tier I amounts for the 2022-2023 school year. The bill rescinds certain funding provided to USDA, the Department of Education, and the Small Business Administration. Finally, the bill requires USDA to ensure that technical assistance is made available to states and school food authorities for assisting parents and school leaders with transitioning to the operation of school meal programs without certain waivers.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. This Act may be cited as the ``Keep Kids Fed Act of 2022''. 2. 1751 et seq.) shall receive additional reimbursement in the amount of 40 cents. (2) Temporary breakfast reimbursement.--Each breakfast served under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. (3) <<NOTE: Time period.>> Limitation.--The additional reimbursement amounts authorized under this subsection shall only be available for the school year beginning July 2022. (b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[Page 136 STAT. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. 1761(a)(8)). 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. (2) Sunset.--A nationwide waiver established by the Secretary of Agriculture under section 12(l) of the Richard B. 1311]] Russell National School Lunch Act (42 U.S.C. 1760(l)) pursuant to paragraph (1) shall not be in effect after June 30, 2023. 1766) shall be considered a tier I family or group day care home for purposes of the program authorized under that section. (c) Appropriations.--There are appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. 4. RESCISSIONS AND SUNSET. (2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 91) and in section 323(d)(1)(H) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 9009a), $1,200,000,000 are hereby permanently rescinded. 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. SEC. 5. <<NOTE: 42 USC 1760 note.>> OPERATIONALLY READY. 1760 note; Public Law 116-127). Approved June 25, 2022. LEGISLATIVE HISTORY--S. 2089: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. This Act may be cited as the ``Keep Kids Fed Act of 2022''. 2. 1751 et seq.) shall receive additional reimbursement in the amount of 40 cents. (2) Temporary breakfast reimbursement.--Each breakfast served under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. (b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. ''; [[Page 136 STAT. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. 1761(a)(8)). (2) Sunset.--A nationwide waiver established by the Secretary of Agriculture under section 12(l) of the Richard B. 1311]] Russell National School Lunch Act (42 U.S.C. 1760(l)) pursuant to paragraph (1) shall not be in effect after June 30, 2023. 1766) shall be considered a tier I family or group day care home for purposes of the program authorized under that section. (c) Appropriations.--There are appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. 4. RESCISSIONS AND SUNSET. (2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 91) and in section 323(d)(1)(H) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 9009a), $1,200,000,000 are hereby permanently rescinded. 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. SEC. 5. <<NOTE: 42 USC 1760 note.>> OPERATIONALLY READY. 1760 note; Public Law 116-127). LEGISLATIVE HISTORY--S. 2089: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: June 25, 2022 - [S. 2089]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Keep Kids Fed Act of 2022.>> SECTION 1. This Act may be cited as the ``Keep Kids Fed Act of 2022''. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS. 1751 et seq.) shall receive additional reimbursement in the amount of 40 cents. (2) Temporary breakfast reimbursement.--Each breakfast served under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall receive additional reimbursement in the amount of 15 cents. (3) <<NOTE: Time period.>> Limitation.--The additional reimbursement amounts authorized under this subsection shall only be available for the school year beginning July 2022. (b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[Page 136 STAT. 1310]] (2) in subsection (d)-- (A) by striking paragraph (2); and (B) by striking ``the following:'' in the matter preceding paragraph (1) and all that follows through ``A summary'' in paragraph (1) and inserting ``a summary''; and (3) by striking subsection (e) and inserting the following: ``(e) Sunset.-- ``(1) Nationwide waivers.--The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on September 30, 2022. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. 1761); or (B) the option described in section 13(a)(8) of that Act (42 U.S.C. 1761(a)(8)). 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. (2) Sunset.--A nationwide waiver established by the Secretary of Agriculture under section 12(l) of the Richard B. 1311]] Russell National School Lunch Act (42 U.S.C. 1760(l)) pursuant to paragraph (1) shall not be in effect after June 30, 2023. (a) In General.-- (1) Temporary additional reimbursement for 2022-2023 school year.--Each meal and supplement served under the program authorized by section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) shall be considered a tier I family or group day care home for purposes of the program authorized under that section. (c) Appropriations.--There are appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. 4. RESCISSIONS AND SUNSET. 2105), $400,000,000 are hereby permanently rescinded. (2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. (3) SBA.--Of the unobligated balances from amounts made available to the Small Business Administration in section 5005 of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 91) and in section 323(d)(1)(H) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 9009a), $1,200,000,000 are hereby permanently rescinded. 505), $600,000,000 are hereby permanently rescinded. 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. SEC. 5. <<NOTE: 42 USC 1760 note.>> OPERATIONALLY READY. 1760 note; Public Law 116-127). Approved June 25, 2022. LEGISLATIVE HISTORY--S. 2089: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1309]] Public Law 117-158 117th Congress An Act To amend the Families First Coronavirus Response Act to extend child nutrition waiver authority, and for other purposes. <<NOTE: June 25, 2022 - [S. 2089]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Keep Kids Fed Act of 2022.>> SECTION 1. <<NOTE: 42 USC 1751 note.>> SHORT TITLE. This Act may be cited as the ``Keep Kids Fed Act of 2022''. 2. SUPPORT FOR CHILD NUTRITION PROGRAMS. 1751 et seq.) shall receive additional reimbursement in the amount of 40 cents. (2) Temporary breakfast reimbursement.--Each breakfast served under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall receive additional reimbursement in the amount of 15 cents. (3) <<NOTE: Time period.>> Limitation.--The additional reimbursement amounts authorized under this subsection shall only be available for the school year beginning July 2022. (B) Disbursement.--A State agency shall disburse funds made available under subparagraph (A) to school food authorities participating in the school meal programs described in paragraphs (1) and (2). (b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[Page 136 STAT. 1310]] (2) in subsection (d)-- (A) by striking paragraph (2); and (B) by striking ``the following:'' in the matter preceding paragraph (1) and all that follows through ``A summary'' in paragraph (1) and inserting ``a summary''; and (3) by striking subsection (e) and inserting the following: ``(e) Sunset.-- ``(1) Nationwide waivers.--The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on September 30, 2022. ``(2) Waiver restriction.--After June 30, 2022, a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites-- ``(A) operating-- ``(i) the qualified program described in subsection (f)(1)(D); or ``(ii) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. 1761); or (B) the option described in section 13(a)(8) of that Act (42 U.S.C. 1761(a)(8)). 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. (2) Sunset.--A nationwide waiver established by the Secretary of Agriculture under section 12(l) of the Richard B. 1311]] Russell National School Lunch Act (42 U.S.C. 1760(l)) pursuant to paragraph (1) shall not be in effect after June 30, 2023. (a) In General.-- (1) Temporary additional reimbursement for 2022-2023 school year.--Each meal and supplement served under the program authorized by section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) shall be considered a tier I family or group day care home for purposes of the program authorized under that section. (c) Appropriations.--There are appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. 4. RESCISSIONS AND SUNSET. 2105), $400,000,000 are hereby permanently rescinded. (2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. (3) SBA.--Of the unobligated balances from amounts made available to the Small Business Administration in section 5005 of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 91) and in section 323(d)(1)(H) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 9009a), $1,200,000,000 are hereby permanently rescinded. (b) Additional Rescission.--Of the unobligated balances from amounts made available to the Department of Agriculture under the heading ``Agricultural Programs--Office of the Secretary'' in title I of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. 505), $600,000,000 are hereby permanently rescinded. 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. SEC. 5. <<NOTE: 42 USC 1760 note.>> OPERATIONALLY READY. The Secretary of Agriculture shall ensure that technical assistance is made available to States and school food authorities for purposes of assisting parents and school leaders with respect to the transition of operating school meal programs not pursuant to a waiver under section 2(d) or section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127). Approved June 25, 2022. LEGISLATIVE HISTORY--S. 2089: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment. June 24, House concurred in Senate amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: June 25, 2022 - [S. 2089]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Keep Kids Fed Act of 2022. <<NOTE: 42 USC 1751 note. (B) Disbursement.--A State agency shall disburse funds made available under subparagraph (A) to school food authorities participating in the school meal programs described in paragraphs (1) and (2). ( b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ ``(2) Waiver restriction.--After June 30, 2022, a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites-- ``(A) operating-- ``(i) the qualified program described in subsection (f)(1)(D); or ``(ii) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. 1760 note; Public Law 116-127) that apply-- (1) <<NOTE: Time period. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( (a) In General.-- (1) Temporary additional reimbursement for 2022-2023 school year.--Each meal and supplement served under the program authorized by section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) shall receive additional reimbursement in the amount of 10 cents. ( a) Rescissions.-- (1) USDA.-- (A) Of the unobligated balances from amounts made available to the Department of Agriculture in section 1001(a) of the American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; Public Law 117-2), $1,000,000,000 are hereby permanently rescinded. ( 2105), $400,000,000 are hereby permanently rescinded. ( 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), $400,000,000 are hereby permanently rescinded. ( 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. June 24, House concurred in Senate amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 42 USC 1751 note. b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ 1310]] (2) in subsection (d)-- (A) by striking paragraph (2); and (B) by striking ``the following:'' in the matter preceding paragraph (1) and all that follows through ``A summary'' in paragraph (1) and inserting ``a summary''; and (3) by striking subsection (e) and inserting the following: ``(e) Sunset.-- ``(1) Nationwide waivers.--The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on September 30, 2022. ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. (d) <<NOTE: 42 USC 1760 note. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( >> CHILD AND ADULT CARE FOOD PROGRAM. ( (B) Of the unobligated balances from amounts made available to the Department of Agriculture in section 751 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 505), $600,000,000 are hereby permanently rescinded. [[ 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 42 USC 1751 note. b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ 1310]] (2) in subsection (d)-- (A) by striking paragraph (2); and (B) by striking ``the following:'' in the matter preceding paragraph (1) and all that follows through ``A summary'' in paragraph (1) and inserting ``a summary''; and (3) by striking subsection (e) and inserting the following: ``(e) Sunset.-- ``(1) Nationwide waivers.--The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on September 30, 2022. ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. (d) <<NOTE: 42 USC 1760 note. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( >> CHILD AND ADULT CARE FOOD PROGRAM. ( (B) Of the unobligated balances from amounts made available to the Department of Agriculture in section 751 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 505), $600,000,000 are hereby permanently rescinded. [[ 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: June 25, 2022 - [S. 2089]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Keep Kids Fed Act of 2022. <<NOTE: 42 USC 1751 note. (B) Disbursement.--A State agency shall disburse funds made available under subparagraph (A) to school food authorities participating in the school meal programs described in paragraphs (1) and (2). ( b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ ``(2) Waiver restriction.--After June 30, 2022, a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites-- ``(A) operating-- ``(i) the qualified program described in subsection (f)(1)(D); or ``(ii) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. 1760 note; Public Law 116-127) that apply-- (1) <<NOTE: Time period. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( (a) In General.-- (1) Temporary additional reimbursement for 2022-2023 school year.--Each meal and supplement served under the program authorized by section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) shall receive additional reimbursement in the amount of 10 cents. ( a) Rescissions.-- (1) USDA.-- (A) Of the unobligated balances from amounts made available to the Department of Agriculture in section 1001(a) of the American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; Public Law 117-2), $1,000,000,000 are hereby permanently rescinded. ( 2105), $400,000,000 are hereby permanently rescinded. ( 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), $400,000,000 are hereby permanently rescinded. ( 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. June 24, House concurred in Senate amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 42 USC 1751 note. b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ 1310]] (2) in subsection (d)-- (A) by striking paragraph (2); and (B) by striking ``the following:'' in the matter preceding paragraph (1) and all that follows through ``A summary'' in paragraph (1) and inserting ``a summary''; and (3) by striking subsection (e) and inserting the following: ``(e) Sunset.-- ``(1) Nationwide waivers.--The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on September 30, 2022. ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. (d) <<NOTE: 42 USC 1760 note. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( >> CHILD AND ADULT CARE FOOD PROGRAM. ( (B) Of the unobligated balances from amounts made available to the Department of Agriculture in section 751 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 505), $600,000,000 are hereby permanently rescinded. [[ 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: June 25, 2022 - [S. 2089]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Keep Kids Fed Act of 2022. <<NOTE: 42 USC 1751 note. (B) Disbursement.--A State agency shall disburse funds made available under subparagraph (A) to school food authorities participating in the school meal programs described in paragraphs (1) and (2). ( b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ ``(2) Waiver restriction.--After June 30, 2022, a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites-- ``(A) operating-- ``(i) the qualified program described in subsection (f)(1)(D); or ``(ii) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. 1760 note; Public Law 116-127) that apply-- (1) <<NOTE: Time period. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( (a) In General.-- (1) Temporary additional reimbursement for 2022-2023 school year.--Each meal and supplement served under the program authorized by section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) shall receive additional reimbursement in the amount of 10 cents. ( a) Rescissions.-- (1) USDA.-- (A) Of the unobligated balances from amounts made available to the Department of Agriculture in section 1001(a) of the American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; Public Law 117-2), $1,000,000,000 are hereby permanently rescinded. ( 2105), $400,000,000 are hereby permanently rescinded. ( 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), $400,000,000 are hereby permanently rescinded. ( 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''. June 24, House concurred in Senate amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: 42 USC 1751 note. b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ 1310]] (2) in subsection (d)-- (A) by striking paragraph (2); and (B) by striking ``the following:'' in the matter preceding paragraph (1) and all that follows through ``A summary'' in paragraph (1) and inserting ``a summary''; and (3) by striking subsection (e) and inserting the following: ``(e) Sunset.-- ``(1) Nationwide waivers.--The authority of the Secretary to establish or grant a waiver under subsection (a) shall expire on September 30, 2022. ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. (d) <<NOTE: 42 USC 1760 note. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( >> CHILD AND ADULT CARE FOOD PROGRAM. ( (B) Of the unobligated balances from amounts made available to the Department of Agriculture in section 751 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2) Department of education.--Of the unobligated balances from amounts made available to the Department of Education in section 2003 of title II of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 505), $600,000,000 are hereby permanently rescinded. [[ 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. ``(2) Waiver restriction.--After June 30, 2022, a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites-- ``(A) operating-- ``(i) the qualified program described in subsection (f)(1)(D); or ``(ii) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( ( ( 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), $400,000,000 are hereby permanently rescinded. ( 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Extension of Waivers.--Section 2202 of the Families First Coronavirus Response Act (42 U.S.C. 1760 note; Public Law 116-127) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``due to the COVID-19 pandemic'' after ``(42 U.S.C. 1760(l))''; (B) in subparagraph (A), by striking ``and'' after the semicolon and inserting ``or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) ensuring continuity of program operation under a qualified program. ''; [[ >> CHILD AND ADULT CARE FOOD PROGRAM. ( ( [[ 168 (2022): Mar. 7, considered and passed Senate. Senate concurred in House amendments with an amendment.

[117th Congress Public Law 158] [From the U.S. Government Publishing Office] [[Page 136 STAT. ``(2) Waiver restriction.--After June 30, 2022, a waiver established or granted under subsection (a) shall only apply to schools or summer food service program food service sites-- ``(A) operating-- ``(i) the qualified program described in subsection (f)(1)(D); or ``(ii) the option described in section 13(a)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(8)); and ``(B) not operating the qualified program described in subsection (f)(1)(A). ``(3) Other waivers.-- ``(A) Child and adult care food program waiver.--The authority of the Secretary to establish or grant a waiver under subsection (b) shall expire on June 30, 2022. >> Nationwide Waiver for School Year 2022-2023.-- (1) In general.--For purposes of school year 2022-2023, the Secretary of Agriculture may establish waivers under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l))-- (A) on a nationwide basis; and (B) without regard to the requirements under paragraphs (1), (2), and (3) of such section that a State or eligible service provider shall submit an application for a waiver request. ( ( ( 23) and allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), $400,000,000 are hereby permanently rescinded. ( 2254c), is amended by striking ``for fiscal year'' and all that follows through ``thereafter'' and inserting ``for each of fiscal years 2021 and 2022''.

Keep Kids Fed Act of 2022 - Amends the Families First Coronavirus Response Act to extend child nutrition waiver authority, and for other purposes, through June 30, 2023. (Sec. 2) Provides for: (1) additional reimbursement for school lunch and breakfast; (2) child and adult care food program waivers; (3) meal pattern waivers; and (4 Amends the American Rescue Plan Act of 2021 to permanently rescind appropriations for: (1) the Department of Agriculture (USDA); (2) Department of Education (ED); (3) the Small Business Administration (SBA); (4) the Food and Drug Administration (FDA); and (5) the Centers for Disease Control and Prevention (CDC). (Sec. 4)

H.R.9043

Crime and Law Enforcement

Respect for Child Survivors Act This bill requires the Federal Bureau of Investigation (FBI) to use a multidisciplinary approach with any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking. The FBI must also use a trained child adolescent forensic interviewer in these investigations if practicable and consistent with applicable federal law. In implementing a multidisciplinary approach, the bill requires the FBI to use and coordinate with multidisciplinary teams based at children's advocacy centers.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect for Child Survivors Act''. SEC. 2. MULTIDISCIPLINARY TEAMS. (a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540D. Multidisciplinary teams ``(a) Definitions.--In this section-- ``(1) the term `child sexual abuse material' means a visual depiction described in section 2256(8)(A) of title 18; ``(2) the term `covered investigation' means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; ``(3) the term `Director' means the Director of the Federal Bureau of Investigation; ``(4) the term `multidisciplinary team' means a multidisciplinary team established or used under subsection (b)(2); ``(5) the term `relevant children's advocacy center personnel' means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children's advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and ``(6) the term `victim advocate' means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall-- ``(A) use a multidisciplinary approach; and ``(B) unless impracticable or otherwise inconsistent with applicable Federal law, in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(4) Report.--The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place-- ``(A) without the use of-- ``(i) a multidisciplinary approach; ``(ii) a trained forensic interviewer; or ``(iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and ``(B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1). ``(5) Memoranda of understanding.--The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for children's advocacy centers-- ``(A) under which-- ``(i) the children's advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and ``(ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and ``(B) which shall reflect a trauma-informed, victim-centered approach and provide for case review. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. ``(d) Personnel.-- ``(1) In general.--Each multidisciplinary team shall be composed of the following: ``(A) Appropriate investigative personnel. ``(B) Appropriate mental health professionals. ``(C) Appropriate medical personnel. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and ``(viii) any other information required for a children's advocacy centers as a part of the standards of practice of the children's advocacy center. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(B) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(g) Case Review by Multidisciplinary Team.--Throughout a covered investigation, a multidisciplinary team supporting an investigation under this section shall, at regularly scheduled times, convene to-- ``(1) share information about case progress; ``(2) address any investigative or prosecutorial barriers; and ``(3) ensure that victims receive support and needed treatment. ``(h) Availability of Advocates.--The Director shall make advocates available to each victim who reports child sexual abuse or child trafficking in connection with an investigation by the Federal Bureau of Investigation. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. ``(2) Protecting investigations.--Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the `Privacy Act of 1974'), or require the sharing of classified information with unauthorized persons.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''. <all>

Respect for Child Survivors Act

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation.

Respect for Child Survivors Act

Rep. Costa, Jim

D

CA

This bill requires the Federal Bureau of Investigation (FBI) to use a multidisciplinary approach with any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking. The FBI must also use a trained child adolescent forensic interviewer in these investigations if practicable and consistent with applicable federal law. In implementing a multidisciplinary approach, the bill requires the FBI to use and coordinate with multidisciplinary teams based at children's advocacy centers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect for Child Survivors Act''. SEC. 2. MULTIDISCIPLINARY TEAMS. (a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540D. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall-- ``(A) use a multidisciplinary approach; and ``(B) unless impracticable or otherwise inconsistent with applicable Federal law, in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect for Child Survivors Act''. SEC. 2. MULTIDISCIPLINARY TEAMS. (a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540D. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect for Child Survivors Act''. SEC. 2. MULTIDISCIPLINARY TEAMS. (a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540D. Multidisciplinary teams ``(a) Definitions.--In this section-- ``(1) the term `child sexual abuse material' means a visual depiction described in section 2256(8)(A) of title 18; ``(2) the term `covered investigation' means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; ``(3) the term `Director' means the Director of the Federal Bureau of Investigation; ``(4) the term `multidisciplinary team' means a multidisciplinary team established or used under subsection (b)(2); ``(5) the term `relevant children's advocacy center personnel' means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children's advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and ``(6) the term `victim advocate' means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall-- ``(A) use a multidisciplinary approach; and ``(B) unless impracticable or otherwise inconsistent with applicable Federal law, in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(5) Memoranda of understanding.--The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for children's advocacy centers-- ``(A) under which-- ``(i) the children's advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and ``(ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and ``(B) which shall reflect a trauma-informed, victim-centered approach and provide for case review. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect for Child Survivors Act''. SEC. 2. MULTIDISCIPLINARY TEAMS. (a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540D. Multidisciplinary teams ``(a) Definitions.--In this section-- ``(1) the term `child sexual abuse material' means a visual depiction described in section 2256(8)(A) of title 18; ``(2) the term `covered investigation' means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; ``(3) the term `Director' means the Director of the Federal Bureau of Investigation; ``(4) the term `multidisciplinary team' means a multidisciplinary team established or used under subsection (b)(2); ``(5) the term `relevant children's advocacy center personnel' means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children's advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and ``(6) the term `victim advocate' means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall-- ``(A) use a multidisciplinary approach; and ``(B) unless impracticable or otherwise inconsistent with applicable Federal law, in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(5) Memoranda of understanding.--The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for children's advocacy centers-- ``(A) under which-- ``(i) the children's advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and ``(ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and ``(B) which shall reflect a trauma-informed, victim-centered approach and provide for case review. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and ``(viii) any other information required for a children's advocacy centers as a part of the standards of practice of the children's advocacy center. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(B) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. ``(2) Protecting investigations.--Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the `Privacy Act of 1974'), or require the sharing of classified information with unauthorized persons.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(4) Report.--The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place-- ``(A) without the use of-- ``(i) a multidisciplinary approach; ``(ii) a trained forensic interviewer; or ``(iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and ``(B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation. ``(B) Appropriate mental health professionals. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(2) Protecting investigations.--Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the `Privacy Act of 1974'), or require the sharing of classified information with unauthorized persons.''. ( b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(4) Report.--The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place-- ``(A) without the use of-- ``(i) a multidisciplinary approach; ``(ii) a trained forensic interviewer; or ``(iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and ``(B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation. ``(B) Appropriate mental health professionals. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(2) Protecting investigations.--Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the `Privacy Act of 1974'), or require the sharing of classified information with unauthorized persons.''. ( b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(4) Report.--The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place-- ``(A) without the use of-- ``(i) a multidisciplinary approach; ``(ii) a trained forensic interviewer; or ``(iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and ``(B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation. ``(B) Appropriate mental health professionals. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(2) Protecting investigations.--Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the `Privacy Act of 1974'), or require the sharing of classified information with unauthorized persons.''. ( b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''.

To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report.

Respect for Child Survivors Act - Amends Federal criminal code to require the Director of the Federal Bureau of Investigation (FBI) to use a multidisciplinary approach in connection with each child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking investigation conducted by the FBI. Requires the Director to: (1) use a trained FBI child adolescent forensic interviewer Amends the federal criminal code to direct the Federal Bureau of Investigation (FBI) to provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. (Sec. 4) Requires

H.R.3887

International Affairs

Foreign Corruption Accountability Act This bill temporarily authorizes the President to impose visa-blocking sanctions against any foreign person that engages in public corruption activities (e.g., soliciting or accepting bribes or engaging in extortion) against the United States. The President may terminate the sanctions by making a determination that the person (1) is no longer engaged in (or has taken significant verifiable steps to cease) the sanctionable conduct, or (2) will not knowingly engage in sanctionable conduct in the future. In addition, the President may also terminate the sanctions if it is in U.S. national security interests. The President must notify Congress at least 15 days before terminating the sanctions. The President must annually report to Congress on the imposition and termination of sanctions on foreign persons for engaging in public corruption. The authority to impose the sanctions terminates six years after this bill's enactment.

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Corruption Accountability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries' economic health and harm citizens. (2) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies. (3) The Special Inspector General for Afghan Reconstruction's 2016 report ``Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan'' included the recommendation, ``Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.''. SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person who is an individual the President determines-- (1) engages in public corruption activities against a United States person, including-- (A) soliciting or accepting bribes; (B) using the authority of the state to extort payments; or (C) engaging in extortion; or (2) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in paragraph (1). (b) Sanctions Described.-- (1) Ineligibility for visas and admissions to the united states.--The foreign person shall be-- (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) 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.). (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. (B) Effect of revocation.--A revocation under subparagraph (A) 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) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. (c) Exception To Comply With Law Enforcement Objectives and Agreement Regarding the Headquarters of the United Nations.--Sanctions under subsection (b) shall not apply to a foreign person if admitting the person into the United States-- (1) would further important law enforcement objectives; or (2) 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 of the United States. (d) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) the person is no longer engaged in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; (2) the President has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future; or (3) the termination of the sanctions is in the national security interests of the United States. (e) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. SEC. 4. REPORTS TO CONGRESS. (a) In General.--The President shall submit to the appropriate congressional committees, in accordance with subsection (b), a report that includes-- (1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report; (2) the number of foreign persons with respect to which the President-- (A) imposed sanctions under section 3(a) during that year; and (B) terminated sanctions under section 3(f) during that year; (3) the dates on which such sanctions were imposed or terminated, as the case may be; (4) the reasons for imposing or terminating such sanctions; (5) the total number of foreign persons considered under section 3(c) for whom sanctions were not imposed; and (6) recommendations as to whether the imposition of additional sanctions would be an added deterrent in preventing public corruption. (b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. (d) Public Availability.-- (1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. SEC. 5. SUNSET. (a) In General.--The authority to impose sanctions under section 3 and the requirements to submit reports under section 4 shall terminate on the date that is 6 years after the date of enactment of this Act. (b) Continuation in Effect of Sanctions.--Sanctions imposed under section 3 on or before the date specified in subsection (a), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of section 3(d). SEC. 6. DEFINITIONS. In this Act: (1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. (4) Person.--The term ``person'' means an individual or entity. (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. <all>

Foreign Corruption Accountability Act

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes.

Foreign Corruption Accountability Act

Rep. Curtis, John R.

R

UT

This bill temporarily authorizes the President to impose visa-blocking sanctions against any foreign person that engages in public corruption activities (e.g., soliciting or accepting bribes or engaging in extortion) against the United States. The President may terminate the sanctions by making a determination that the person (1) is no longer engaged in (or has taken significant verifiable steps to cease) the sanctionable conduct, or (2) will not knowingly engage in sanctionable conduct in the future. In addition, the President may also terminate the sanctions if it is in U.S. national security interests. The President must notify Congress at least 15 days before terminating the sanctions. The President must annually report to Congress on the imposition and termination of sanctions on foreign persons for engaging in public corruption. The authority to impose the sanctions terminates six years after this bill's enactment.

Congress finds the following: (1) When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries' economic health and harm citizens. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. (e) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 4. REPORTS TO CONGRESS. (b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. (b) Continuation in Effect of Sanctions.--Sanctions imposed under section 3 on or before the date specified in subsection (a), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of section 3(d). SEC. 6. In this Act: (1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

Congress finds the following: (1) When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries' economic health and harm citizens. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. 4. REPORTS TO CONGRESS. (b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. (b) Continuation in Effect of Sanctions.--Sanctions imposed under section 3 on or before the date specified in subsection (a), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of section 3(d). SEC. 6. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

SHORT TITLE. FINDINGS. Congress finds the following: (1) When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries' economic health and harm citizens. (3) The Special Inspector General for Afghan Reconstruction's 2016 report ``Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan'' included the recommendation, ``Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.''. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 1101 et seq.). (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. (B) Effect of revocation.--A revocation under subparagraph (A) 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 Law Enforcement Objectives and Agreement Regarding the Headquarters of the United Nations.--Sanctions under subsection (b) shall not apply to a foreign person if admitting the person into the United States-- (1) would further important law enforcement objectives; or (2) 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 of the United States. (d) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) the person is no longer engaged in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; (2) the President has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future; or (3) the termination of the sanctions is in the national security interests of the United States. (e) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 4. REPORTS TO CONGRESS. (b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. SUNSET. (b) Continuation in Effect of Sanctions.--Sanctions imposed under section 3 on or before the date specified in subsection (a), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of section 3(d). SEC. 6. DEFINITIONS. In this Act: (1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

SHORT TITLE. FINDINGS. Congress finds the following: (1) When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries' economic health and harm citizens. (2) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies. (3) The Special Inspector General for Afghan Reconstruction's 2016 report ``Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan'' included the recommendation, ``Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.''. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person who is an individual the President determines-- (1) engages in public corruption activities against a United States person, including-- (A) soliciting or accepting bribes; (B) using the authority of the state to extort payments; or (C) engaging in extortion; or (2) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in paragraph (1). (b) Sanctions Described.-- (1) Ineligibility for visas and admissions to the united states.--The foreign person shall be-- (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) 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.). (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. (B) Effect of revocation.--A revocation under subparagraph (A) 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 Law Enforcement Objectives and Agreement Regarding the Headquarters of the United Nations.--Sanctions under subsection (b) shall not apply to a foreign person if admitting the person into the United States-- (1) would further important law enforcement objectives; or (2) 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 of the United States. (d) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) the person is no longer engaged in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; (2) the President has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future; or (3) the termination of the sanctions is in the national security interests of the United States. (e) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 4. REPORTS TO CONGRESS. (b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Public Availability.-- (1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. SUNSET. (b) Continuation in Effect of Sanctions.--Sanctions imposed under section 3 on or before the date specified in subsection (a), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of section 3(d). SEC. 6. DEFINITIONS. In this Act: (1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 3) The Special Inspector General for Afghan Reconstruction's 2016 report ``Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan'' included the recommendation, ``Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.''. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person who is an individual the President determines-- (1) engages in public corruption activities against a United States person, including-- (A) soliciting or accepting bribes; (B) using the authority of the state to extort payments; or (C) engaging in extortion; or (2) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in paragraph (1). ( 2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. (B) Effect of revocation.--A revocation under subparagraph (A) 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) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. ( e) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. ( f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( 2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. ( 2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. 3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. ( (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 2) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies. ( (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. ( C) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. ( (f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( (2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( 2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. ( (3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. ( 4) Person.--The term ``person'' means an individual or entity. (

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 2) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies. ( (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. ( C) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. ( (f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( (2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( 2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. ( (3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. ( 4) Person.--The term ``person'' means an individual or entity. (

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 3) The Special Inspector General for Afghan Reconstruction's 2016 report ``Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan'' included the recommendation, ``Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.''. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person who is an individual the President determines-- (1) engages in public corruption activities against a United States person, including-- (A) soliciting or accepting bribes; (B) using the authority of the state to extort payments; or (C) engaging in extortion; or (2) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in paragraph (1). ( 2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. (B) Effect of revocation.--A revocation under subparagraph (A) 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) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. ( e) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. ( f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( 2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. ( 2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. 3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. ( (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 2) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies. ( (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. ( C) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. ( (f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( (2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( 2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. ( (3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. ( 4) Person.--The term ``person'' means an individual or entity. (

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 3) The Special Inspector General for Afghan Reconstruction's 2016 report ``Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan'' included the recommendation, ``Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.''. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person who is an individual the President determines-- (1) engages in public corruption activities against a United States person, including-- (A) soliciting or accepting bribes; (B) using the authority of the state to extort payments; or (C) engaging in extortion; or (2) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in paragraph (1). ( 2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. (B) Effect of revocation.--A revocation under subparagraph (A) 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) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. ( e) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. ( f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( 2) Subsequent reports.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (A) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and (B) each calendar year thereafter. (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. ( 2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. 3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. ( (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 2) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies. ( (2) Current visas revoked.-- (A) In general.--The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to the foreign person regardless of when the visa or other entry documentation is issued. ( C) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. ( (f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate. b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( (2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( 2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. ( (3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. ( 4) Person.--The term ``person'' means an individual or entity. (

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person who is an individual the President determines-- (1) engages in public corruption activities against a United States person, including-- (A) soliciting or accepting bribes; (B) using the authority of the state to extort payments; or (C) engaging in extortion; or (2) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in paragraph (1). ( (B) Effect of revocation.--A revocation under subparagraph (A) shall-- (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. ( b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. ( 2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( (

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. 2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. ( ( 3) United states person.--The term ``United States person'' means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. (

To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person who is an individual the President determines-- (1) engages in public corruption activities against a United States person, including-- (A) soliciting or accepting bribes; (B) using the authority of the state to extort payments; or (C) engaging in extortion; or (2) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in paragraph (1). ( (B) Effect of revocation.--A revocation under subparagraph (A) shall-- (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. ( b) Dates for Submission.-- (1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. ( (c) Form of Report.-- (1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. ( 2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; and (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act. ( (

Foreign Corruption Accountability Act This bill authorizes the President to impose sanctions on any foreign person who engages in public or private corruption activities against a U.S. person, including: (1) soliciting or accepting bribes; (2) using the authority of the state to extort payments; or (3) conspires to engage in, or knowingly and materially assists, sponsors, or Directs the President to publish the list of sanctioned entities without regard to the requirements of the Immigration and Nationality Act with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (Sec. 5) Terminates the authority to impose sanctions and the requirements to submit reports under this Act six years after enactment of this Act. (SEC.

H.R.2271

Native Americans

Native American Language Resource Center Act of 2021 This bill authorizes the Department of Education to make a grant to or enter into a contract with an eligible entity (e.g., an institution of higher education) to establish, operate, and staff a Native American language resource and training center. The center must serve as a resource to improve the capacity to teach and learn Native American languages.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages 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 Language Resource Center Act of 2021''. SEC. 2. PURPOSES. The purposes of this Act are to further the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. 2902)); (2) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; (3) support revitalization of Native American languages; (4) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Tribes, States, territories, the Federal Government, and Native American language educational organizations; (5) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; (6) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; (7) identify-- (A) barriers to Native American language education and learning within Federal laws; and (B) actions needed for alignment with the Native American Languages Act (25 U.S.C. 2901 et seq.); (8) encourage and support elementary schools, secondary schools, and institutions of higher education to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education, and to grant proficiency in Native American languages the same full academic credit as proficiency in other world languages; (9) encourage and support the development of appropriate teacher preparation programming for the teaching of, and through, Native American languages, including appropriate alternative pathways to teacher certification; (10) provide a resource base to provide information to Federal, Tribal, State, territory, and local governments and Native American educational organizations to allow the spread of best practices in the use, practice, and development of Native American languages in Native American communities, including use in educational institutions; (11) provide a resource base for the use of technology in intensive community-, land-, and archive-based programs, as well as hybrid and collaborative programs in supporting the retention, use, development, and teaching of Native American languages by government and private entities; (12) provide a developmental base from which interested Tribal colleges and universities and other Native American entities might develop fully functioning Native American language medium education systems that include associated preschool, elementary school, secondary school, and adult education programs conducted through the medium of Native American languages; (13) provide a means to further collaboration among formal government, institutional, and community-based Native American language programs, resources, and research efforts with additional access to international best practices in indigenous language revitalization; and (14) develop a support center system for Native American language participants to gather and share helpful information and experiences. SEC. 3. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. 1123) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (2) by inserting after subsection (a) the following: ``(b) Native American Language Resource Center Authorized.-- ``(1) In general.--The Secretary is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of-- ``(A) establishing, strengthening, and operating a Native American language resource and training center as described in paragraph (2); and ``(B) staffing the center with individuals who have high-level fluency in American Indian, Alaska Native, and Native Hawaiian languages and are experienced with Native American language education in preschool, elementary school, secondary school, adult education, and higher education programs. ``(2) Purposes of center.--The Native American language resource center established under paragraph (1) shall serve as a resource to-- ``(A) improve the capacity to teach and learn Native American languages and further Native American language acquisition; ``(B) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages; ``(C) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; ``(D) support revitalization of Native American languages; ``(E) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Tribes, States, the Federal Government, and Native American language educational organizations; ``(F) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; ``(G) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; ``(H) identify barriers to Native American language education and learning within Federal laws and actions needed for alignment with the Native American Languages Act (25 U.S.C. 2901); ``(I) encourage and support elementary schools, secondary schools, and institutions of higher education to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education, and to grant proficiency in Native American languages the same full academic credit as proficiency in other world languages; ``(J) encourage and support the development of appropriate teacher preparation programming for the teaching of, and through, Native American languages, including appropriate alternative pathways to teacher certification; ``(K) provide a resource base to provide information to Federal, Tribal, State, and local governments and Native American educational organizations to allow the spread of best practices in the use, practice, and development of Native American languages in Native American communities, including use in educational institutions; ``(L) provide a resource base for the use of technology in intensive community-, land-, and archive- based programs, as well as hybrid and collaborative programs in supporting the retention, use, development, and teaching of Native American languages by government and private entities; ``(M) support the acquisition of distance learning technologies and training for parents, students, teachers, and learning support staff, including the compilation and curation of digital libraries and other online resources in target Native American languages, the development of distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education, the pedagogical training for teachers, and other efforts necessary to continue Native American language acquisition through distance learning; ``(N) provide a developmental base from which interested Tribal colleges and universities and other Native American entities might develop fully functioning Native American language medium education systems that include associated preschool, elementary school, secondary school, and adult education programs conducted through the medium of Native American languages; ``(O) provide a means to further collaboration among formal government, institutional, and community- based Native American language programs, resources, and research efforts with additional access to international best practices in indigenous language revitalization; ``(P) develop a support center system for Native American language participants to gather and share helpful information and experiences; and ``(Q) address any of the purposes of foreign language centers included under this section if, in doing so, the Native American language resource center-- ``(i) does so as a subsidiary activity; ``(ii) focuses benefits on Native Americans living in Native American communities, or closely tied to such communities; and ``(iii) ensures that one of the outcomes being strengthened through this subparagraph is the use of one or more Native American languages in a Native American community. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. ``(B) Native american; native american language.-- The terms `Native American' and `Native American language' have the meanings given those terms in section 103 of the Native American Languages Act (25 U.S.C. 2902). ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $3,000,000 for each fiscal year.''; and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''. <all>

Native American Language Resource Center Act of 2021

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act.

Native American Language Resource Center Act of 2021

Rep. Young, Don

R

AK

This bill authorizes the Department of Education to make a grant to or enter into a contract with an eligible entity (e.g., an institution of higher education) to establish, operate, and staff a Native American language resource and training center. The center must serve as a resource to improve the capacity to teach and learn Native American languages.

PURPOSES. 2901 et seq.) 2902)); (2) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; (3) support revitalization of Native American languages; (4) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Tribes, States, territories, the Federal Government, and Native American language educational organizations; (5) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; (6) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; (7) identify-- (A) barriers to Native American language education and learning within Federal laws; and (B) actions needed for alignment with the Native American Languages Act (25 U.S.C. SEC. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. ''; and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

PURPOSES. 2901 et seq.) 2902)); (2) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; (3) support revitalization of Native American languages; (4) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Tribes, States, territories, the Federal Government, and Native American language educational organizations; (5) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; (6) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; (7) identify-- (A) barriers to Native American language education and learning within Federal laws; and (B) actions needed for alignment with the Native American Languages Act (25 U.S.C. SEC. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. ''; and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. PURPOSES. 2901 et seq.) by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. 2902)); (2) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; (3) support revitalization of Native American languages; (4) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Tribes, States, territories, the Federal Government, and Native American language educational organizations; (5) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; (6) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; (7) identify-- (A) barriers to Native American language education and learning within Federal laws; and (B) actions needed for alignment with the Native American Languages Act (25 U.S.C. ); (8) encourage and support elementary schools, secondary schools, and institutions of higher education to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education, and to grant proficiency in Native American languages the same full academic credit as proficiency in other world languages; (9) encourage and support the development of appropriate teacher preparation programming for the teaching of, and through, Native American languages, including appropriate alternative pathways to teacher certification; (10) provide a resource base to provide information to Federal, Tribal, State, territory, and local governments and Native American educational organizations to allow the spread of best practices in the use, practice, and development of Native American languages in Native American communities, including use in educational institutions; (11) provide a resource base for the use of technology in intensive community-, land-, and archive-based programs, as well as hybrid and collaborative programs in supporting the retention, use, development, and teaching of Native American languages by government and private entities; (12) provide a developmental base from which interested Tribal colleges and universities and other Native American entities might develop fully functioning Native American language medium education systems that include associated preschool, elementary school, secondary school, and adult education programs conducted through the medium of Native American languages; (13) provide a means to further collaboration among formal government, institutional, and community-based Native American language programs, resources, and research efforts with additional access to international best practices in indigenous language revitalization; and (14) develop a support center system for Native American language participants to gather and share helpful information and experiences. SEC. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $3,000,000 for each fiscal year. ''; and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages 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 Language Resource Center Act of 2021''. PURPOSES. 2901 et seq.) by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. 2902)); (2) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; (3) support revitalization of Native American languages; (4) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Tribes, States, territories, the Federal Government, and Native American language educational organizations; (5) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; (6) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; (7) identify-- (A) barriers to Native American language education and learning within Federal laws; and (B) actions needed for alignment with the Native American Languages Act (25 U.S.C. ); (8) encourage and support elementary schools, secondary schools, and institutions of higher education to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education, and to grant proficiency in Native American languages the same full academic credit as proficiency in other world languages; (9) encourage and support the development of appropriate teacher preparation programming for the teaching of, and through, Native American languages, including appropriate alternative pathways to teacher certification; (10) provide a resource base to provide information to Federal, Tribal, State, territory, and local governments and Native American educational organizations to allow the spread of best practices in the use, practice, and development of Native American languages in Native American communities, including use in educational institutions; (11) provide a resource base for the use of technology in intensive community-, land-, and archive-based programs, as well as hybrid and collaborative programs in supporting the retention, use, development, and teaching of Native American languages by government and private entities; (12) provide a developmental base from which interested Tribal colleges and universities and other Native American entities might develop fully functioning Native American language medium education systems that include associated preschool, elementary school, secondary school, and adult education programs conducted through the medium of Native American languages; (13) provide a means to further collaboration among formal government, institutional, and community-based Native American language programs, resources, and research efforts with additional access to international best practices in indigenous language revitalization; and (14) develop a support center system for Native American language participants to gather and share helpful information and experiences. SEC. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. 1123) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (2) by inserting after subsection (a) the following: ``(b) Native American Language Resource Center Authorized.-- ``(1) In general.--The Secretary is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of-- ``(A) establishing, strengthening, and operating a Native American language resource and training center as described in paragraph (2); and ``(B) staffing the center with individuals who have high-level fluency in American Indian, Alaska Native, and Native Hawaiian languages and are experienced with Native American language education in preschool, elementary school, secondary school, adult education, and higher education programs. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $3,000,000 for each fiscal year. ''; and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. The purposes of this Act are to further the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. The purposes of this Act are to further the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. The purposes of this Act are to further the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. The purposes of this Act are to further the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. The purposes of this Act are to further the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) NATIVE AMERICAN LANGUAGE RESOURCE CENTER. Section 603 of the Higher Education Act of 1965 (20 U.S.C. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. by creating a national resource center and, through such national resource center and actions, to-- (1) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages (as defined in section 103 of the Native American Languages Act (25 U.S.C. NATIVE AMERICAN LANGUAGE RESOURCE CENTER. ``(3) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an institution of higher education; ``(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; ``(iii) a consortium of such institutions; or ``(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages. and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking ``subsection (a)'' and inserting ``this section''.

Native American Language Resource Center Act of 2021 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make a grant to, or enter into a contract with, an eligible entity for the purpose of establishing, strengthening, and operating a Native American language resource center to: (1) preserve, protect, and promote the rights and freedom of Native Americans to use Authorizes appropriations for each fiscal year to: (1) encourage and support elementary schools, secondary schools, and institutions of higher education (IHEs) to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education; (2) grant proficiency in Native American language the same full academic credit as proficiency in other languages; (

H.R.4688

Government Operations and Politics

Federal Agency Customer Experience Act of 2021 This bill requires certain agencies to collect voluntary customer experience feedback with respect to their services and transactions. Each of the agencies must (1) annually publish such feedback on its website and report on such feedback to the Office of Management and Budget, and (2) report on the solicitation of such feedback. The Government Accountability Office shall publish a report assessing the data collected and reported by the agencies. The feedback may not be used in any appraisal of job performance of a federal employee.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. Be it enacted by the Senate 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 Customer Experience Act of 2021''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback; (2) the people of the United States deserve a Federal Government that provides efficient, effective, equitable, and high-quality services and customer experiences across multiple channels; (3) many agencies, offices, programs, and Federal employees provide excellent customer experiences to individuals, but many parts of the Federal Government still fall short on delivering the customer experience that individuals have come to expect from the private sector; (4) according to the 2020 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction; (5) providing an equitable, reliable, transparent, and responsive customer experience to individuals improves the confidence of the people of the United States in their Government and helps agencies achieve greater impact and fulfill their missions; and (6) improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer- centered mindsets and experience strategies. (b) Sense of Congress.--It is the sense of Congress that-- (1) all agencies should strive to provide a high-quality, courteous, effective, and efficient customer experience to the people of the United States and seek to measure, collect, report, and use metrics relating to the experience of individuals interacting with agencies to continually improve the customer experience of the people of the United States; and (2) adequate Federal funding is needed to ensure agency staffing levels that can provide the public with an improved customer experience. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary customer experience feedback for purposes of section 5, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Voluntary customer experience feedback.--The term ``voluntary customer experience feedback'' means the submission of information, an opinion, or a concern to an agency by an individual or entity that-- (A) is voluntarily made by the individual or entity; and (B) relates to-- (i) a particular service provided to the individual or entity by the agency; or (ii) an interaction of the individual or entity with the agency. SEC. 4. GUIDELINES FOR VOLUNTARY CUSTOMER EXPERIENCE FEEDBACK. Each agency that solicits voluntary customer experience feedback shall ensure that-- (1) individuals and entities providing responses to the solicitation of voluntary customer experience feedback have the option to remain anonymous; (2) individuals and entities that decline to participate in the solicitation of voluntary customer experience feedback are not treated differently by the agency for purposes of providing services or information; (3) the solicitation includes-- (A) the fewest number of questions as is practicable; and (B) not more than 10 questions; (4) the voluntary nature of the solicitation is clear; (5) the proposed solicitation of voluntary customer experience feedback will contribute to improved customer experience; (6) solicitations of voluntary customer experience feedback are limited to 1 solicitation per interaction with an individual or entity; (7) to the extent practicable, the solicitation of voluntary customer experience feedback is made at the point of service with an individual or entity; (8) instruments for collecting voluntary customer experience feedback are accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and (9) internal agency data governance policies remain in effect with respect to the collection of voluntary customer experience feedback from individuals and entities. SEC. 5. CUSTOMER EXPERIENCE DATA COLLECTION. (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. (b) Content of Questions.-- (1) Standardized questions.--The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary customer experience feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish the intended task or purpose of those individuals or entities; (C) whether an individual or entity was treated with respect and professionalism; (D) whether an individual or entity believes that the individual or entity was served in a timely manner; and (E) any additional metrics determined by the Director, in coordination with the Administrator. (2) Additional questions.--In addition to the questions developed under paragraph (1), the senior accountable official for customer experience of a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (c) Additional Requirements.--To the extent practicable-- (1) each covered agency shall collect voluntary customer experience feedback across every platform or channel through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary customer experience feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. (d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. (e) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and not less frequently than quarterly thereafter, each covered agency shall submit to the Director, in a manner determined by the Director, an aggregated report on each solicitation of voluntary customer experience feedback from individuals and entities conducted by the covered agency, which shall include-- (A) the intended purpose of the solicitation; (B) the appropriate point of contact within the covered agency for the solicitation; (C) the questions or survey instrument submitted to members of the public as part of the solicitation; (D) a description of how the covered agency uses the voluntary customer experience feedback from the solicitation to improve the customer experience of the covered agency; and (E) the results of the solicitation, including-- (i) the responses collected; (ii) the total number of survey responses; and (iii) the rate of response for the solicitation. (2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. SEC. 6. CUSTOMER EXPERIENCE REPORT. (a) In General.--Not later than 450 days after the date on which all covered agencies have submitted the first reports to the Director required under section 5(e)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report assessing the data collected and reported by the covered agencies. (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality. SEC. 7. RESTRICTION ON USE OF INFORMATION. No information collected pursuant to this Act may be used in any appraisal of the job performance of a Federal employee under chapter 43 of title 5, United States Code, or any other provision of law. <all>

Federal Agency Customer Experience Act of 2021

To require the collection of voluntary feedback on services provided by agencies, and for other purposes.

Federal Agency Customer Experience Act of 2021

Rep. Connolly, Gerald E.

D

VA

This bill requires certain agencies to collect voluntary customer experience feedback with respect to their services and transactions. Each of the agencies must (1) annually publish such feedback on its website and report on such feedback to the Office of Management and Budget, and (2) report on the solicitation of such feedback. The Government Accountability Office shall publish a report assessing the data collected and reported by the agencies. The feedback may not be used in any appraisal of job performance of a federal employee.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. 2. FINDINGS; SENSE OF CONGRESS. 3. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 4. 5. CUSTOMER EXPERIENCE DATA COLLECTION. (b) Content of Questions.-- (1) Standardized questions.--The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary customer experience feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish the intended task or purpose of those individuals or entities; (C) whether an individual or entity was treated with respect and professionalism; (D) whether an individual or entity believes that the individual or entity was served in a timely manner; and (E) any additional metrics determined by the Director, in coordination with the Administrator. (e) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and not less frequently than quarterly thereafter, each covered agency shall submit to the Director, in a manner determined by the Director, an aggregated report on each solicitation of voluntary customer experience feedback from individuals and entities conducted by the covered agency, which shall include-- (A) the intended purpose of the solicitation; (B) the appropriate point of contact within the covered agency for the solicitation; (C) the questions or survey instrument submitted to members of the public as part of the solicitation; (D) a description of how the covered agency uses the voluntary customer experience feedback from the solicitation to improve the customer experience of the covered agency; and (E) the results of the solicitation, including-- (i) the responses collected; (ii) the total number of survey responses; and (iii) the rate of response for the solicitation. (2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. 6. CUSTOMER EXPERIENCE REPORT. SEC. 7. No information collected pursuant to this Act may be used in any appraisal of the job performance of a Federal employee under chapter 43 of title 5, United States Code, or any other provision of law.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. 2. FINDINGS; SENSE OF CONGRESS. 3. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 4. 5. (b) Content of Questions.-- (1) Standardized questions.--The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary customer experience feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish the intended task or purpose of those individuals or entities; (C) whether an individual or entity was treated with respect and professionalism; (D) whether an individual or entity believes that the individual or entity was served in a timely manner; and (E) any additional metrics determined by the Director, in coordination with the Administrator. (e) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and not less frequently than quarterly thereafter, each covered agency shall submit to the Director, in a manner determined by the Director, an aggregated report on each solicitation of voluntary customer experience feedback from individuals and entities conducted by the covered agency, which shall include-- (A) the intended purpose of the solicitation; (B) the appropriate point of contact within the covered agency for the solicitation; (C) the questions or survey instrument submitted to members of the public as part of the solicitation; (D) a description of how the covered agency uses the voluntary customer experience feedback from the solicitation to improve the customer experience of the covered agency; and (E) the results of the solicitation, including-- (i) the responses collected; (ii) the total number of survey responses; and (iii) the rate of response for the solicitation. 6. CUSTOMER EXPERIENCE REPORT. SEC. 7. No information collected pursuant to this Act may be used in any appraisal of the job performance of a Federal employee under chapter 43 of title 5, United States Code, or any other provision of law.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback; (2) the people of the United States deserve a Federal Government that provides efficient, effective, equitable, and high-quality services and customer experiences across multiple channels; (3) many agencies, offices, programs, and Federal employees provide excellent customer experiences to individuals, but many parts of the Federal Government still fall short on delivering the customer experience that individuals have come to expect from the private sector; (4) according to the 2020 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction; (5) providing an equitable, reliable, transparent, and responsive customer experience to individuals improves the confidence of the people of the United States in their Government and helps agencies achieve greater impact and fulfill their missions; and (6) improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer- centered mindsets and experience strategies. 3. DEFINITIONS. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 4. 794d); and (9) internal agency data governance policies remain in effect with respect to the collection of voluntary customer experience feedback from individuals and entities. 5. CUSTOMER EXPERIENCE DATA COLLECTION. (b) Content of Questions.-- (1) Standardized questions.--The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary customer experience feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish the intended task or purpose of those individuals or entities; (C) whether an individual or entity was treated with respect and professionalism; (D) whether an individual or entity believes that the individual or entity was served in a timely manner; and (E) any additional metrics determined by the Director, in coordination with the Administrator. (2) Additional questions.--In addition to the questions developed under paragraph (1), the senior accountable official for customer experience of a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. (e) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and not less frequently than quarterly thereafter, each covered agency shall submit to the Director, in a manner determined by the Director, an aggregated report on each solicitation of voluntary customer experience feedback from individuals and entities conducted by the covered agency, which shall include-- (A) the intended purpose of the solicitation; (B) the appropriate point of contact within the covered agency for the solicitation; (C) the questions or survey instrument submitted to members of the public as part of the solicitation; (D) a description of how the covered agency uses the voluntary customer experience feedback from the solicitation to improve the customer experience of the covered agency; and (E) the results of the solicitation, including-- (i) the responses collected; (ii) the total number of survey responses; and (iii) the rate of response for the solicitation. (2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. 6. CUSTOMER EXPERIENCE REPORT. SEC. 7. No information collected pursuant to this Act may be used in any appraisal of the job performance of a Federal employee under chapter 43 of title 5, United States Code, or any other provision of law.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback; (2) the people of the United States deserve a Federal Government that provides efficient, effective, equitable, and high-quality services and customer experiences across multiple channels; (3) many agencies, offices, programs, and Federal employees provide excellent customer experiences to individuals, but many parts of the Federal Government still fall short on delivering the customer experience that individuals have come to expect from the private sector; (4) according to the 2020 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction; (5) providing an equitable, reliable, transparent, and responsive customer experience to individuals improves the confidence of the people of the United States in their Government and helps agencies achieve greater impact and fulfill their missions; and (6) improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer- centered mindsets and experience strategies. 3. DEFINITIONS. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 4. 794d); and (9) internal agency data governance policies remain in effect with respect to the collection of voluntary customer experience feedback from individuals and entities. 5. CUSTOMER EXPERIENCE DATA COLLECTION. (b) Content of Questions.-- (1) Standardized questions.--The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary customer experience feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish the intended task or purpose of those individuals or entities; (C) whether an individual or entity was treated with respect and professionalism; (D) whether an individual or entity believes that the individual or entity was served in a timely manner; and (E) any additional metrics determined by the Director, in coordination with the Administrator. (2) Additional questions.--In addition to the questions developed under paragraph (1), the senior accountable official for customer experience of a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. (e) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and not less frequently than quarterly thereafter, each covered agency shall submit to the Director, in a manner determined by the Director, an aggregated report on each solicitation of voluntary customer experience feedback from individuals and entities conducted by the covered agency, which shall include-- (A) the intended purpose of the solicitation; (B) the appropriate point of contact within the covered agency for the solicitation; (C) the questions or survey instrument submitted to members of the public as part of the solicitation; (D) a description of how the covered agency uses the voluntary customer experience feedback from the solicitation to improve the customer experience of the covered agency; and (E) the results of the solicitation, including-- (i) the responses collected; (ii) the total number of survey responses; and (iii) the rate of response for the solicitation. (2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. 6. CUSTOMER EXPERIENCE REPORT. (a) In General.--Not later than 450 days after the date on which all covered agencies have submitted the first reports to the Director required under section 5(e)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report assessing the data collected and reported by the covered agencies. SEC. 7. RESTRICTION ON USE OF INFORMATION. No information collected pursuant to this Act may be used in any appraisal of the job performance of a Federal employee under chapter 43 of title 5, United States Code, or any other provision of law.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (b) Sense of Congress.--It is the sense of Congress that-- (1) all agencies should strive to provide a high-quality, courteous, effective, and efficient customer experience to the people of the United States and seek to measure, collect, report, and use metrics relating to the experience of individuals interacting with agencies to continually improve the customer experience of the people of the United States; and (2) adequate Federal funding is needed to ensure agency staffing levels that can provide the public with an improved customer experience. 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Voluntary customer experience feedback.--The term ``voluntary customer experience feedback'' means the submission of information, an opinion, or a concern to an agency by an individual or entity that-- (A) is voluntarily made by the individual or entity; and (B) relates to-- (i) a particular service provided to the individual or entity by the agency; or (ii) an interaction of the individual or entity with the agency. GUIDELINES FOR VOLUNTARY CUSTOMER EXPERIENCE FEEDBACK. CUSTOMER EXPERIENCE DATA COLLECTION. (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( 2) Additional questions.--In addition to the questions developed under paragraph (1), the senior accountable official for customer experience of a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (c) Additional Requirements.--To the extent practicable-- (1) each covered agency shall collect voluntary customer experience feedback across every platform or channel through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary customer experience feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. (a) In General.--Not later than 450 days after the date on which all covered agencies have submitted the first reports to the Director required under section 5(e)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report assessing the data collected and reported by the covered agencies. ( b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary customer experience feedback for purposes of section 5, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. ( 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. ( (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. ( (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality. RESTRICTION ON USE OF INFORMATION.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary customer experience feedback for purposes of section 5, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. ( 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. ( (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. ( (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality. RESTRICTION ON USE OF INFORMATION.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (b) Sense of Congress.--It is the sense of Congress that-- (1) all agencies should strive to provide a high-quality, courteous, effective, and efficient customer experience to the people of the United States and seek to measure, collect, report, and use metrics relating to the experience of individuals interacting with agencies to continually improve the customer experience of the people of the United States; and (2) adequate Federal funding is needed to ensure agency staffing levels that can provide the public with an improved customer experience. 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Voluntary customer experience feedback.--The term ``voluntary customer experience feedback'' means the submission of information, an opinion, or a concern to an agency by an individual or entity that-- (A) is voluntarily made by the individual or entity; and (B) relates to-- (i) a particular service provided to the individual or entity by the agency; or (ii) an interaction of the individual or entity with the agency. GUIDELINES FOR VOLUNTARY CUSTOMER EXPERIENCE FEEDBACK. CUSTOMER EXPERIENCE DATA COLLECTION. (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( 2) Additional questions.--In addition to the questions developed under paragraph (1), the senior accountable official for customer experience of a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (c) Additional Requirements.--To the extent practicable-- (1) each covered agency shall collect voluntary customer experience feedback across every platform or channel through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary customer experience feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. (a) In General.--Not later than 450 days after the date on which all covered agencies have submitted the first reports to the Director required under section 5(e)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report assessing the data collected and reported by the covered agencies. ( b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary customer experience feedback for purposes of section 5, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. ( 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. ( (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. ( (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality. RESTRICTION ON USE OF INFORMATION.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (b) Sense of Congress.--It is the sense of Congress that-- (1) all agencies should strive to provide a high-quality, courteous, effective, and efficient customer experience to the people of the United States and seek to measure, collect, report, and use metrics relating to the experience of individuals interacting with agencies to continually improve the customer experience of the people of the United States; and (2) adequate Federal funding is needed to ensure agency staffing levels that can provide the public with an improved customer experience. 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Voluntary customer experience feedback.--The term ``voluntary customer experience feedback'' means the submission of information, an opinion, or a concern to an agency by an individual or entity that-- (A) is voluntarily made by the individual or entity; and (B) relates to-- (i) a particular service provided to the individual or entity by the agency; or (ii) an interaction of the individual or entity with the agency. GUIDELINES FOR VOLUNTARY CUSTOMER EXPERIENCE FEEDBACK. CUSTOMER EXPERIENCE DATA COLLECTION. (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( 2) Additional questions.--In addition to the questions developed under paragraph (1), the senior accountable official for customer experience of a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (c) Additional Requirements.--To the extent practicable-- (1) each covered agency shall collect voluntary customer experience feedback across every platform or channel through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary customer experience feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. (a) In General.--Not later than 450 days after the date on which all covered agencies have submitted the first reports to the Director required under section 5(e)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report assessing the data collected and reported by the covered agencies. ( b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary customer experience feedback for purposes of section 5, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. ( 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. ( (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. ( (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality. RESTRICTION ON USE OF INFORMATION.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. ( (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. This Act may be cited as the ``Federal Agency Customer Experience Act of 2021''. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary customer experience feedback for purposes of section 5, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. ( 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. ( (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. CUSTOMER EXPERIENCE REPORT. ( (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality. RESTRICTION ON USE OF INFORMATION.

To require the collection of voluntary feedback on services provided by agencies, and for other purposes. 4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. ( (a) Collection of Responses.--The head of each covered agency, assisted by and in coordination with the senior accountable official for customer experience of the covered agency, shall collect voluntary customer experience feedback with respect to services of or interactions with the covered agency. ( d) Exemption From Public Notice and Comment.--The requirements of section 3506(c)(2)(A) and subparagraphs (B) and (D) of subsection (a)(1) and subsection (b) of section 3507 of title 44, United States Code, shall not apply to the collection of voluntary customer experience feedback by an agency that meets the requirements of this Act. 2) Centralized website.--The Director shall-- (A) include and maintain on a publicly available website the information provided by covered agencies under paragraph (1); and (B) for the purpose of subparagraph (A), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be submitted by covered agencies under section 5(e)(1); (2) a description of how each covered agency used the voluntary customer experience feedback received by the covered agency to improve the customer experience of the covered agency; and (3) an assessment of the quality of the data collected under this Act and, if applicable, recommendations to improve that quality.

Federal Agency Customer Experience Act of 2021 - Expresses the sense of Congress that: (1) all agencies should strive to provide a high-quality, courteous, effective, and efficient customer experience to the people of the United States and seek to measure, collect, report, and use metrics relating to the experience of individuals interacting with agencies to continually improve the customer experience of the people Directs each federal agency to submit to the Director of the Federal Trade Commission an aggregated report on each solicitation of voluntary customer experience feedback from individuals and entities conducted by the agency. (Sec. 6) Requires the Comptroller General to make publicly available and submit to congressional committees a report assessing the data collected and reported by the agencies. (SEC. 7) Prohibits the use

S.4142

International Affairs

Preventing PLA Acquisition of United States Technology Act of 2022 This bill prohibits U.S. companies and universities that receive federal assistance and federal agencies from engaging in certain research or technical exchanges with Chinese entities. Specifically, this prohibition applies to research or exchanges involving (1) certain Chinese entities, including universities that receive funding from China's military and Chinese state-owned enterprises; and (2) certain technologies identified by the Chinese Communist Party as priorities for its strategy to mobilize non-military resources and expertise for military application.

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing PLA Acquisition of United States Technology Act of 2022''. SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (a) Definitions.--In this section: (1) Chinese entity of concern.--The term ``Chinese entity of concern'' means-- (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including-- (i) any college or university known as the ``Seven Sons of National Defense''; (ii) any college or university that receives funding from-- (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the ``double first-class university plan''; (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host ``joint construction'' programs; (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People's Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People's Liberation Army, including the People's Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People's Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China-- (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People's Congress, a member of the Chinese People's Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that-- (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. (2) Covered entity.--The term ``covered entity'' means-- (A) any Federal agency that engages in research or provides funding for research, including the National Science Foundation and the National Institutes of Health; (B) any institution of higher education, or any other private research institution, that receives any Federal financial assistance; and (C) any private company headquartered in the United States that receives Federal financial assistance. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (4) Military-civil fusion strategy.--The term ``military- civil fusion strategy'' means the strategy of the Chinese Communist Party aiming to mobilize non-military resources and expertise for military application, including the development of technology, improvements in logistics, and other uses by the People's Liberation Army. (b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). (c) Website.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall establish, and periodically update not less than twice a year, a website that includes-- (A) a list of the specific areas of scientific research or technical exchange for which the prohibitions under subsection (b) apply, which shall initially include some or all aspects of the fields of quantum computing, photonics and lasers, robotics, big data analytics, semiconductors, new and advanced materials, biotechnology (including synthetic biology and genetic engineering), 5G and all future generations of telecommunications, advanced nuclear technology (including nuclear power and energy storage), aerospace technology, and artificial intelligence; and (B) to the extent practicable, a list of all Chinese entities of concern. (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. (3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (d) Exception.--The prohibitions under subsection (b) shall not apply to any collaborative study or research project in fields involving information that would not contribute substantially to the goals of the military-civil fusion strategy, as determined by regulations issued by the Secretary of Defense. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. (2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. (f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. <all>

Preventing PLA Acquisition of United States Technology Act of 2022

A bill to counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China.

Preventing PLA Acquisition of United States Technology Act of 2022

Sen. Rubio, Marco

R

FL

This bill prohibits U.S. companies and universities that receive federal assistance and federal agencies from engaging in certain research or technical exchanges with Chinese entities. Specifically, this prohibition applies to research or exchanges involving (1) certain Chinese entities, including universities that receive funding from China's military and Chinese state-owned enterprises; and (2) certain technologies identified by the Chinese Communist Party as priorities for its strategy to mobilize non-military resources and expertise for military application.

2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns.

2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns.

2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (a) Definitions.--In this section: (1) Chinese entity of concern.--The term ``Chinese entity of concern'' means-- (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including-- (i) any college or university known as the ``Seven Sons of National Defense''; (ii) any college or university that receives funding from-- (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the ``double first-class university plan''; (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host ``joint construction'' programs; (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People's Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People's Liberation Army, including the People's Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People's Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China-- (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People's Congress, a member of the Chinese People's Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that-- (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns.

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. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (a) Definitions.--In this section: (1) Chinese entity of concern.--The term ``Chinese entity of concern'' means-- (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including-- (i) any college or university known as the ``Seven Sons of National Defense''; (ii) any college or university that receives funding from-- (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the ``double first-class university plan''; (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host ``joint construction'' programs; (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People's Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People's Liberation Army, including the People's Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People's Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China-- (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People's Congress, a member of the Chinese People's Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that-- (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). (c) Website.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall establish, and periodically update not less than twice a year, a website that includes-- (A) a list of the specific areas of scientific research or technical exchange for which the prohibitions under subsection (b) apply, which shall initially include some or all aspects of the fields of quantum computing, photonics and lasers, robotics, big data analytics, semiconductors, new and advanced materials, biotechnology (including synthetic biology and genetic engineering), 5G and all future generations of telecommunications, advanced nuclear technology (including nuclear power and energy storage), aerospace technology, and artificial intelligence; and (B) to the extent practicable, a list of all Chinese entities of concern. (3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. (2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph.

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements.

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements.

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements.

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements.

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. ( b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( 2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). ( ( (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. ( 2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. ( (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements.

Preventing PLA Acquisition of United States Technology Act of 2022 - Prohibits any Chinese entity of concern from engaging in the military-civil fusion strategy of the Chinese Communist Party, including any Chinese military entity, that has a priority for the development of military-military fusion technologies, from engaging with any U.S. government agency, federal agency, or private company that engages Directs the Secretary of Defense to monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support

S.1287

Health

Recovering Excessive Funds for Unused and Needless Drugs Act of 2021 or the REFUND Act of 2021 This bill requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services (CMS) in relation to discarded amounts (i.e., amounts remaining after administration) of single-dose vial drugs that are covered under Medicare. Manufacturers that fail to comply are subject to civil penalties. The CMS must determine rebate amounts based on payment claims from providers. (Currently, providers may receive payment under Medicare for discarded amounts of single-dose vial drugs through the use of a specific claims modifier.)

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. Be it enacted by the Senate 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 Excessive Funds for Unused and Needless Drugs Act of 2021'' or the ``REFUND Act of 2021''. SEC. 2. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS. Section 1847A of the Social Security Act (42 U.S.C. 1395-3a), as amended by section 405 of division CC of the Consolidated Appropriations Act, 2021, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) inserting after subsection (g) the following: ``(h) Refund for Certain Discarded Single-Dose Container or Single- Use Package Drugs.-- ``(1) Secretarial provision of information.-- ``(A) In general.--For each calendar quarter beginning on or after January 1, 2022, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter: ``(i) Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary). ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(2) Manufacturer requirement.--For each calendar quarter beginning on or after January 1, 2022, the manufacturer of a refundable single-dose container or single-use package drug shall, for such drug, provide to the Secretary a refund that is equal to the amount specified in paragraph (3) for such drug for such quarter. ``(3) Refund amount.-- ``(A) In general.--The amount of the refund specified in this paragraph is, with respect to a refundable single-dose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar quarter beginning on or after January 1, 2022, an amount equal to 90 percent (or, in the case of a refundable single-dose container or single-use package drug described in subclause (I) or (II) of subparagraph (B)(ii), the percent determined for such drug under subparagraph (B)(i)) of the product of-- ``(i) the total number of units of the billing and payment code for such drug that were discarded during such quarter (as determined under paragraph (1)); and ``(ii)(I) in the case of a refundable single-dose container or single-use package drug that is a single source drug or biological, the amount determined for such drug under subsection (b)(4); or ``(II) in the case of a refundable single- dose container or single-use package drug that is a biosimilar biological product, the average sales price determined under subsection (b)(8)(A). ``(B) Treatment of drugs that require filtration or other unique circumstances.-- ``(i) In general.--The Secretary, through notice and comment rulemaking-- ``(I) in the case of a refundable single-dose container or single-use package drug described in subclause (I) of clause (ii), shall adjust the percentage otherwise applicable for purposes of determining the refund amount with respect to such drug under subparagraph (A) as determined appropriate by the Secretary; and ``(II) in the case of a refundable single-dose container or single-use package drug described in subclause (II) of clause (ii), may adjust the percentage otherwise applicable for purposes of determining the refund amount with respect to such drug under subparagraph (A) as determined appropriate by the Secretary. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(II) Any other refundable single- dose container or single-use package drug that has unique circumstances involving similar loss of product. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(5) Refund deposits.--Amounts paid as refunds pursuant to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(ii) Provider audits.--The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(7) Implementation.--The Secretary shall implement this subsection through notice and comment rulemaking. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. ``(B) Exclusions.--The term `refundable single-dose container or single-use package drug' does not include a drug or biological that is either a radiopharmaceutical or an imaging agent. ``(9) Report to congress.-- ``(A) In general.--Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on any impact this subsection is demonstrated to have on-- ``(i) the licensure, market entry, market retention, or marketing of biosimilar biological products; and ``(ii) vial size changes, label adjustments, or technological developments. ``(B) Updates.--At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph.''. <all>

REFUND Act of 2021

A bill to amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes.

REFUND Act of 2021 Recovering Excessive Funds for Unused and Needless Drugs Act of 2021

Sen. Durbin, Richard J.

D

IL

This bill requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services (CMS) in relation to discarded amounts (i.e., amounts remaining after administration) of single-dose vial drugs that are covered under Medicare. Manufacturers that fail to comply are subject to civil penalties. The CMS must determine rebate amounts based on payment claims from providers. (Currently, providers may receive payment under Medicare for discarded amounts of single-dose vial drugs through the use of a specific claims modifier.)

Be it enacted by the Senate 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 Excessive Funds for Unused and Needless Drugs Act of 2021'' or the ``REFUND Act of 2021''. SEC. 2. Section 1847A of the Social Security Act (42 U.S.C. ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(7) Implementation.--The Secretary shall implement this subsection through notice and comment rulemaking. ``(9) Report to congress.-- ``(A) In general.--Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on any impact this subsection is demonstrated to have on-- ``(i) the licensure, market entry, market retention, or marketing of biosimilar biological products; and ``(ii) vial size changes, label adjustments, or technological developments.

SHORT TITLE. 2. Section 1847A of the Social Security Act (42 U.S.C. ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(7) Implementation.--The Secretary shall implement this subsection through notice and comment rulemaking. ``(9) Report to congress.-- ``(A) In general.--Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on any impact this subsection is demonstrated to have on-- ``(i) the licensure, market entry, market retention, or marketing of biosimilar biological products; and ``(ii) vial size changes, label adjustments, or technological developments.

Be it enacted by the Senate 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 Excessive Funds for Unused and Needless Drugs Act of 2021'' or the ``REFUND Act of 2021''. SEC. 2. Section 1847A of the Social Security Act (42 U.S.C. 1395-3a), as amended by section 405 of division CC of the Consolidated Appropriations Act, 2021, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) inserting after subsection (g) the following: ``(h) Refund for Certain Discarded Single-Dose Container or Single- Use Package Drugs.-- ``(1) Secretarial provision of information.-- ``(A) In general.--For each calendar quarter beginning on or after January 1, 2022, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter: ``(i) Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary). ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(ii) Provider audits.--The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(7) Implementation.--The Secretary shall implement this subsection through notice and comment rulemaking. ``(9) Report to congress.-- ``(A) In general.--Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on any impact this subsection is demonstrated to have on-- ``(i) the licensure, market entry, market retention, or marketing of biosimilar biological products; and ``(ii) vial size changes, label adjustments, or technological developments.

Be it enacted by the Senate 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 Excessive Funds for Unused and Needless Drugs Act of 2021'' or the ``REFUND Act of 2021''. SEC. 2. Section 1847A of the Social Security Act (42 U.S.C. 1395-3a), as amended by section 405 of division CC of the Consolidated Appropriations Act, 2021, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) inserting after subsection (g) the following: ``(h) Refund for Certain Discarded Single-Dose Container or Single- Use Package Drugs.-- ``(1) Secretarial provision of information.-- ``(A) In general.--For each calendar quarter beginning on or after January 1, 2022, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter: ``(i) Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary). ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(B) Treatment of drugs that require filtration or other unique circumstances.-- ``(i) In general.--The Secretary, through notice and comment rulemaking-- ``(I) in the case of a refundable single-dose container or single-use package drug described in subclause (I) of clause (ii), shall adjust the percentage otherwise applicable for purposes of determining the refund amount with respect to such drug under subparagraph (A) as determined appropriate by the Secretary; and ``(II) in the case of a refundable single-dose container or single-use package drug described in subclause (II) of clause (ii), may adjust the percentage otherwise applicable for purposes of determining the refund amount with respect to such drug under subparagraph (A) as determined appropriate by the Secretary. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(5) Refund deposits.--Amounts paid as refunds pursuant to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(ii) Provider audits.--The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(7) Implementation.--The Secretary shall implement this subsection through notice and comment rulemaking. ``(B) Exclusions.--The term `refundable single-dose container or single-use package drug' does not include a drug or biological that is either a radiopharmaceutical or an imaging agent. ``(9) Report to congress.-- ``(A) In general.--Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on any impact this subsection is demonstrated to have on-- ``(i) the licensure, market entry, market retention, or marketing of biosimilar biological products; and ``(ii) vial size changes, label adjustments, or technological developments.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. This Act may be cited as the ``Recovering Excessive Funds for Unused and Needless Drugs Act of 2021'' or the ``REFUND Act of 2021''. ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(II) Any other refundable single- dose container or single-use package drug that has unique circumstances involving similar loss of product. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. ``(B) Updates.--At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph.''.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS. ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. ``(B) Updates.--At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph.''.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS. ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. ``(B) Updates.--At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph.''.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. This Act may be cited as the ``Recovering Excessive Funds for Unused and Needless Drugs Act of 2021'' or the ``REFUND Act of 2021''. ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(II) Any other refundable single- dose container or single-use package drug that has unique circumstances involving similar loss of product. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. ``(B) Updates.--At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph.''.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS. ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. ``(B) Updates.--At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph.''.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. This Act may be cited as the ``Recovering Excessive Funds for Unused and Needless Drugs Act of 2021'' or the ``REFUND Act of 2021''. ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(II) Any other refundable single- dose container or single-use package drug that has unique circumstances involving similar loss of product. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. ``(B) Updates.--At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph.''.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package.

To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(ii) Drug described.--For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: ``(I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package.

Recovering Excessive Funds for Unused and Needless Drugs Act of 2021 or the REUND Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes. (Currently, Directs the Secretary of Health and Human Services to impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement for a calendar quarter in an amount equal to the sum of: (1) the amount that the manufacturer would have paid under this Act for such drug for such quarter; and (2

S.5156

Crime and Law Enforcement

Fairness for American Victims of State-Sponsored Terrorism Act This bill authorizes and provides funding for additional payments from the U.S. Victims of State Sponsored Terrorism Fund. Specifically, the bill (1) provides lump-sum catch-up payments from the fund to 9/11 victims and their families; and (2) makes victims of the 1983 bombing of the U.S. Marine Corps barracks in Beirut and their families eligible for lump-sum catch-up payments from the fund. The bill also rescinds specified unobligated funds that were provided for (1) the Small Business Administration's Paycheck Protection Program, and (2) emergency rental assistance.

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism 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 ``Fairness for American Victims of State-Sponsored Terrorism Act''. SEC. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. (a) In General.--Section 404 of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), in the first sentence, by inserting ``and during the 1-year period beginning on the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel'' before the period at the end; and (B) in paragraph (2)(A), by inserting ``Not later than 30 days after the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance previously issued by the Special Master.'' after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment.''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause.''; and (C) by adding at the end the following: ``(D) Lump sum catch-up payments for beirut barracks bombing victims, spouses, and dependents.-- ``(i) In general.--Not later than 1 year after the enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, and in accordance with clauses (i) and (ii) of subsection (d)(3)(A), the Comptroller General of the United States shall conduct an audit and publish in the Federal Register a notice of proposed lump sum catch-up payments to the 1983 Beirut barracks bombing victims who have submitted applications in accordance with subsection (c)(3)(A)(ii)(II) in amounts that, after receiving the lump sum catch-up payments, would result in the percentage of the claims of such victims received from the Fund being equal to the percentage of the claims non-9/11 victim of state sponsored terrorism received from the Fund, as of the date of enactment of this subparagraph. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(bb) Remaining amounts.-- All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in clause (iii) shall be deposited into the Fund under this section.''; (4) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Deposit and transfer.--Beginning on the date of the enactment of this Act, the following shall be deposited or transferred into the Fund for distribution under this section: ``(A) Criminal funds and property.--All funds, and the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a criminal penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism.''; (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 54), $3,000,000,000 are hereby rescinded. <all>

Fairness for American Victims of State-Sponsored Terrorism Act

A bill to amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes.

Fairness for American Victims of State-Sponsored Terrorism Act

Sen. Cotton, Tom

R

AR

This bill authorizes and provides funding for additional payments from the U.S. Victims of State Sponsored Terrorism Fund. Specifically, the bill (1) provides lump-sum catch-up payments from the fund to 9/11 victims and their families; and (2) makes victims of the 1983 bombing of the U.S. Marine Corps barracks in Beirut and their families eligible for lump-sum catch-up payments from the fund. The bill also rescinds specified unobligated funds that were provided for (1) the Small Business Administration's Paycheck Protection Program, and (2) emergency rental assistance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. 54), $3,000,000,000 are hereby rescinded.

2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. 54), $3,000,000,000 are hereby rescinded.

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. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. ''; (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 54), $3,000,000,000 are hereby rescinded.

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. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. 20144) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), in the first sentence, by inserting ``and during the 1-year period beginning on the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel'' before the period at the end; and (B) in paragraph (2)(A), by inserting ``Not later than 30 days after the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance previously issued by the Special Master.'' after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment. ''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(bb) Remaining amounts.-- All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in clause (iii) shall be deposited into the Fund under this section. ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq. ''; (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 54), $3,000,000,000 are hereby rescinded.

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( 2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat.

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( 2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat.

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. ( 2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat.

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. 3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. ( b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ''; ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ), 5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. ( b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (

Fairness for American Victims of State-Sponsored Terrorism Act - Amends the Justice for United States Victims of Terrorism Act to authorize appropriations for catch-up payments from the United States Veterans of State Sponsored Terrorism Fund (VSTF) for victims of terrorism and related acts of violence. (Currently, the VSTF is authorized to make lump sum payments to victims of This bill terminates the lump sum catch-up payment reserve fund established by this bill one year after the Special Master of the Special Task Force on International Emergency Economic Powers (SEM) disposes of all funds forfeited or paid to the United States as a criminal penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency

S.4492

Science, Technology, Communications

Federal PFAS Research Evaluation Act This bill requires various studies and reports on the exposure, hazards, and management of perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. Specifically, the bill requires the National Science Foundation (NSF) to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (NASEM) to conduct a two-phase study and report on the research and development needed to advance human exposure estimation and toxicity hazard estimation of individual or total PFAS. The bill also requires the NSF and the Environmental Protection Agency to jointly enter into an agreement with NASEM to conduct a study and submit a report on the research and development needed to advance the understanding of the extent and implications of environmental contamination by PFAS, how to manage and treat such contamination, and the development of safe alternatives. Finally, the White House Office of Science and Technology Policy must submit an implementation plan for federal PFAS research, development, and demonstration activities, taking into account the recommendations of the NASEM reports.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal PFAS Research Evaluation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) perfluoroalkyl and polyfluoroalkyl substances are a group of manmade chemicals that have been used in a wide range of products since the 1940s, including firefighting foam, carpeting, packaging, and cookware; (2) there are more than 5,000 types of registered perfluoroalkyl and polyfluoroalkyl substances; (3) perfluoroalkyl and polyfluoroalkyl substances are not currently regulated at the Federal level; (4) perfluoroalkyl and polyfluoroalkyl substances-- (A) have been detected in air, water, soil, food, biosolids, and more, where they persist for a long time; (B) can accumulate and remain in the human body and in wildlife and other biota for a long time; and (C) can lead to serious health effects, including cancer, low infant birthweight, liver and kidney issues, reproductive and developmental problems, and more; (5) there remains much unknown about-- (A) the toxicity, human and environmental health effects, exposure pathways, and effective removal, treatment, and destruction methods of perfluoroalkyl and polyfluoroalkyl substances; and (B) safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; (6) Federal research efforts have been fragmented at various Federal agencies and have struggled to effectively address the full scope of challenges presented by perfluoroalkyl and polyfluoroalkyl substances; (7) regulatory action and cleanup with respect to perfluoroalkyl and polyfluoroalkyl substances depend on-- (A) scientific analysis of toxicity data of perfluoroalkyl and polyfluoroalkyl substances; (B) decisionmaking on how best to deal with the thousands of perfluoroalkyl and polyfluoroalkyl substances; and (C) understanding the significance of the many exposure pathways for perfluoroalkyl and polyfluoroalkyl substances that exist; and (8) a consensus study by the National Academies would help inform decisions by the Federal Government, State governments, industry, and other stakeholders on how to best address perfluoroalkyl and polyfluoroalkyl substances. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. (3) National academies.--The term ``National Academies'' means the National Academies of Sciences, Engineering, and Medicine. SEC. 4. NATIONAL ACADEMIES REPORTS. (a) Research Assessments of PFAS Exposure and Toxicity.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Director, in consultation with the Administrator, the Secretary of Defense, the Director of the National Institutes of Health, and the heads of other Federal agencies with expertise relevant to understanding exposure to and toxicity of perfluoroalkyl and polyfluoroalkyl substances, shall enter into an agreement with the National Academies-- (A) to conduct a 2-phase study in accordance with this subsection to identify research and development needed to advance human exposure estimations and toxicity and hazard estimations of individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively; and (B) to submit reports describing the results of the studies in accordance with this subsection. (2) Phase i study and report on human exposure estimation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) consider lifecycle information on the manufacture, use, and disposal of products containing perfluoroalkyl and polyfluoroalkyl substances to identify potential human exposure sources and pathways; (ii) evaluate-- (I) the fate and transport of perfluoroalkyl and polyfluoroalkyl substances; and (II) the breakdown products of perfluoroalkyl and polyfluoroalkyl substances, as related to human exposure; (iii) if feasible, estimate human exposure to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively to determine relative source contributions for various exposure pathways (such as air, water, soil, or food); (iv) determine which perfluoroalkyl and polyfluoroalkyl substances are most likely to contribute to human exposure; and (v) identify research that is needed to advance exposure estimations to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (3) Phase ii study and report on pfas toxicity and hazard estimation.-- (A) In general.--The phase II study under paragraph (1) shall, at a minimum-- (i)(I) review animal and human toxicity information on the perfluoroalkyl and polyfluoroalkyl substances most likely to contribute to human exposure, as identified in the phase I report under paragraph (2)(B)(i); and (II) develop an approach for conducting a human health hazard assessment of the identified perfluoroalkyl and polyfluoroalkyl substances; (ii) give consideration as to whether chemical category-based approaches for assessing hazards would be appropriate for evaluating perfluoroalkyl and polyfluoroalkyl substances as a group; and (iii) identify research that is needed to advance toxicity and hazard assessments of individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Research Assessments of Management and Treatment Alternatives for PFAS Contamination in the Environment and Development of Safe Alternatives.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Director and the Administrator, in consultation with the Secretary of Defense and the heads of other Federal agencies with expertise relevant to the development of alternatives to perfluoroalkyl and polyfluoroalkyl substances and the management and treatment of perfluoroalkyl and polyfluoroalkyl substances, shall jointly enter into an agreement with the National Academies-- (A) to conduct a 2-phase study in accordance with this subsection to better understand-- (i) the research and development needed to advance the understanding of the extent and implications of environmental contamination by perfluoroalkyl and polyfluoroalkyl substances; (ii) the best methods to manage and treat that contamination; and (iii) the development of safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; and (B) to submit reports describing the results of the studies in accordance with this subsection. (2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. (B) Report.--Not later than 18 months after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (3) Phase ii study and report on assessment of safe alternatives for pfas.-- (A) In general.--The phase II study under paragraph (1) shall, at a minimum-- (i) examine the state of knowledge for alternatives to perfluoroalkyl and polyfluoroalkyl substances in applications currently, as of the date of the study, using perfluoroalkyl and polyfluoroalkyl substances that contribute to significant human health or ecological exposures and potential risk; and (ii) identify research needs to address the highest priorities for development of alternatives to perfluoroalkyl and polyfluoroalkyl substances. (B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. SEC. 5. IMPLEMENTATION PLAN. (a) In General.--Not later than 180 days after the date on which all reports from the National Academies under section 4 have been submitted to Congress, the Director of the Office of Science and Technology Policy, in coordination with the heads of all relevant Federal agencies, shall submit to Congress an implementation plan for increased collaboration and coordination of Federal research, development, and demonstration activities with respect to perfluoroalkyl and polyfluoroalkyl substances. (b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4. <all>

Federal PFAS Research Evaluation Act

A bill to provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes.

Federal PFAS Research Evaluation Act

Sen. Peters, Gary C.

D

MI

This bill requires various studies and reports on the exposure, hazards, and management of perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. Specifically, the bill requires the National Science Foundation (NSF) to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (NASEM) to conduct a two-phase study and report on the research and development needed to advance human exposure estimation and toxicity hazard estimation of individual or total PFAS. The bill also requires the NSF and the Environmental Protection Agency to jointly enter into an agreement with NASEM to conduct a study and submit a report on the research and development needed to advance the understanding of the extent and implications of environmental contamination by PFAS, how to manage and treat such contamination, and the development of safe alternatives. Finally, the White House Office of Science and Technology Policy must submit an implementation plan for federal PFAS research, development, and demonstration activities, taking into account the recommendations of the NASEM reports.

Be it enacted by the Senate 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 PFAS Research Evaluation Act''. FINDINGS. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. 4. NATIONAL ACADEMIES REPORTS. (2) Phase i study and report on human exposure estimation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) consider lifecycle information on the manufacture, use, and disposal of products containing perfluoroalkyl and polyfluoroalkyl substances to identify potential human exposure sources and pathways; (ii) evaluate-- (I) the fate and transport of perfluoroalkyl and polyfluoroalkyl substances; and (II) the breakdown products of perfluoroalkyl and polyfluoroalkyl substances, as related to human exposure; (iii) if feasible, estimate human exposure to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively to determine relative source contributions for various exposure pathways (such as air, water, soil, or food); (iv) determine which perfluoroalkyl and polyfluoroalkyl substances are most likely to contribute to human exposure; and (v) identify research that is needed to advance exposure estimations to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Research Assessments of Management and Treatment Alternatives for PFAS Contamination in the Environment and Development of Safe Alternatives.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Director and the Administrator, in consultation with the Secretary of Defense and the heads of other Federal agencies with expertise relevant to the development of alternatives to perfluoroalkyl and polyfluoroalkyl substances and the management and treatment of perfluoroalkyl and polyfluoroalkyl substances, shall jointly enter into an agreement with the National Academies-- (A) to conduct a 2-phase study in accordance with this subsection to better understand-- (i) the research and development needed to advance the understanding of the extent and implications of environmental contamination by perfluoroalkyl and polyfluoroalkyl substances; (ii) the best methods to manage and treat that contamination; and (iii) the development of safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; and (B) to submit reports describing the results of the studies in accordance with this subsection. SEC. 5. IMPLEMENTATION PLAN.

This Act may be cited as the ``Federal PFAS Research Evaluation Act''. FINDINGS. 3. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. 4. NATIONAL ACADEMIES REPORTS. (2) Phase i study and report on human exposure estimation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) consider lifecycle information on the manufacture, use, and disposal of products containing perfluoroalkyl and polyfluoroalkyl substances to identify potential human exposure sources and pathways; (ii) evaluate-- (I) the fate and transport of perfluoroalkyl and polyfluoroalkyl substances; and (II) the breakdown products of perfluoroalkyl and polyfluoroalkyl substances, as related to human exposure; (iii) if feasible, estimate human exposure to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively to determine relative source contributions for various exposure pathways (such as air, water, soil, or food); (iv) determine which perfluoroalkyl and polyfluoroalkyl substances are most likely to contribute to human exposure; and (v) identify research that is needed to advance exposure estimations to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. SEC. 5. IMPLEMENTATION PLAN.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal PFAS Research Evaluation Act''. FINDINGS. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. 4. NATIONAL ACADEMIES REPORTS. (2) Phase i study and report on human exposure estimation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) consider lifecycle information on the manufacture, use, and disposal of products containing perfluoroalkyl and polyfluoroalkyl substances to identify potential human exposure sources and pathways; (ii) evaluate-- (I) the fate and transport of perfluoroalkyl and polyfluoroalkyl substances; and (II) the breakdown products of perfluoroalkyl and polyfluoroalkyl substances, as related to human exposure; (iii) if feasible, estimate human exposure to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively to determine relative source contributions for various exposure pathways (such as air, water, soil, or food); (iv) determine which perfluoroalkyl and polyfluoroalkyl substances are most likely to contribute to human exposure; and (v) identify research that is needed to advance exposure estimations to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (3) Phase ii study and report on pfas toxicity and hazard estimation.-- (A) In general.--The phase II study under paragraph (1) shall, at a minimum-- (i)(I) review animal and human toxicity information on the perfluoroalkyl and polyfluoroalkyl substances most likely to contribute to human exposure, as identified in the phase I report under paragraph (2)(B)(i); and (II) develop an approach for conducting a human health hazard assessment of the identified perfluoroalkyl and polyfluoroalkyl substances; (ii) give consideration as to whether chemical category-based approaches for assessing hazards would be appropriate for evaluating perfluoroalkyl and polyfluoroalkyl substances as a group; and (iii) identify research that is needed to advance toxicity and hazard assessments of individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Research Assessments of Management and Treatment Alternatives for PFAS Contamination in the Environment and Development of Safe Alternatives.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Director and the Administrator, in consultation with the Secretary of Defense and the heads of other Federal agencies with expertise relevant to the development of alternatives to perfluoroalkyl and polyfluoroalkyl substances and the management and treatment of perfluoroalkyl and polyfluoroalkyl substances, shall jointly enter into an agreement with the National Academies-- (A) to conduct a 2-phase study in accordance with this subsection to better understand-- (i) the research and development needed to advance the understanding of the extent and implications of environmental contamination by perfluoroalkyl and polyfluoroalkyl substances; (ii) the best methods to manage and treat that contamination; and (iii) the development of safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; and (B) to submit reports describing the results of the studies in accordance with this subsection. SEC. 5. IMPLEMENTATION PLAN.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal PFAS Research Evaluation Act''. FINDINGS. Congress finds that-- (1) perfluoroalkyl and polyfluoroalkyl substances are a group of manmade chemicals that have been used in a wide range of products since the 1940s, including firefighting foam, carpeting, packaging, and cookware; (2) there are more than 5,000 types of registered perfluoroalkyl and polyfluoroalkyl substances; (3) perfluoroalkyl and polyfluoroalkyl substances are not currently regulated at the Federal level; (4) perfluoroalkyl and polyfluoroalkyl substances-- (A) have been detected in air, water, soil, food, biosolids, and more, where they persist for a long time; (B) can accumulate and remain in the human body and in wildlife and other biota for a long time; and (C) can lead to serious health effects, including cancer, low infant birthweight, liver and kidney issues, reproductive and developmental problems, and more; (5) there remains much unknown about-- (A) the toxicity, human and environmental health effects, exposure pathways, and effective removal, treatment, and destruction methods of perfluoroalkyl and polyfluoroalkyl substances; and (B) safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; (6) Federal research efforts have been fragmented at various Federal agencies and have struggled to effectively address the full scope of challenges presented by perfluoroalkyl and polyfluoroalkyl substances; (7) regulatory action and cleanup with respect to perfluoroalkyl and polyfluoroalkyl substances depend on-- (A) scientific analysis of toxicity data of perfluoroalkyl and polyfluoroalkyl substances; (B) decisionmaking on how best to deal with the thousands of perfluoroalkyl and polyfluoroalkyl substances; and (C) understanding the significance of the many exposure pathways for perfluoroalkyl and polyfluoroalkyl substances that exist; and (8) a consensus study by the National Academies would help inform decisions by the Federal Government, State governments, industry, and other stakeholders on how to best address perfluoroalkyl and polyfluoroalkyl substances. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. 4. NATIONAL ACADEMIES REPORTS. (2) Phase i study and report on human exposure estimation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) consider lifecycle information on the manufacture, use, and disposal of products containing perfluoroalkyl and polyfluoroalkyl substances to identify potential human exposure sources and pathways; (ii) evaluate-- (I) the fate and transport of perfluoroalkyl and polyfluoroalkyl substances; and (II) the breakdown products of perfluoroalkyl and polyfluoroalkyl substances, as related to human exposure; (iii) if feasible, estimate human exposure to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively to determine relative source contributions for various exposure pathways (such as air, water, soil, or food); (iv) determine which perfluoroalkyl and polyfluoroalkyl substances are most likely to contribute to human exposure; and (v) identify research that is needed to advance exposure estimations to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (3) Phase ii study and report on pfas toxicity and hazard estimation.-- (A) In general.--The phase II study under paragraph (1) shall, at a minimum-- (i)(I) review animal and human toxicity information on the perfluoroalkyl and polyfluoroalkyl substances most likely to contribute to human exposure, as identified in the phase I report under paragraph (2)(B)(i); and (II) develop an approach for conducting a human health hazard assessment of the identified perfluoroalkyl and polyfluoroalkyl substances; (ii) give consideration as to whether chemical category-based approaches for assessing hazards would be appropriate for evaluating perfluoroalkyl and polyfluoroalkyl substances as a group; and (iii) identify research that is needed to advance toxicity and hazard assessments of individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Research Assessments of Management and Treatment Alternatives for PFAS Contamination in the Environment and Development of Safe Alternatives.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Director and the Administrator, in consultation with the Secretary of Defense and the heads of other Federal agencies with expertise relevant to the development of alternatives to perfluoroalkyl and polyfluoroalkyl substances and the management and treatment of perfluoroalkyl and polyfluoroalkyl substances, shall jointly enter into an agreement with the National Academies-- (A) to conduct a 2-phase study in accordance with this subsection to better understand-- (i) the research and development needed to advance the understanding of the extent and implications of environmental contamination by perfluoroalkyl and polyfluoroalkyl substances; (ii) the best methods to manage and treat that contamination; and (iii) the development of safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; and (B) to submit reports describing the results of the studies in accordance with this subsection. (2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. SEC. 5. IMPLEMENTATION PLAN. (b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 3) National academies.--The term ``National Academies'' means the National Academies of Sciences, Engineering, and Medicine. B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. 2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. (B) Report.--Not later than 18 months after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (a) In General.--Not later than 180 days after the date on which all reports from the National Academies under section 4 have been submitted to Congress, the Director of the Office of Science and Technology Policy, in coordination with the heads of all relevant Federal agencies, shall submit to Congress an implementation plan for increased collaboration and coordination of Federal research, development, and demonstration activities with respect to perfluoroalkyl and polyfluoroalkyl substances. ( b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. ( B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( (2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. ( B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( (2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 3) National academies.--The term ``National Academies'' means the National Academies of Sciences, Engineering, and Medicine. B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. 2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. (B) Report.--Not later than 18 months after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (a) In General.--Not later than 180 days after the date on which all reports from the National Academies under section 4 have been submitted to Congress, the Director of the Office of Science and Technology Policy, in coordination with the heads of all relevant Federal agencies, shall submit to Congress an implementation plan for increased collaboration and coordination of Federal research, development, and demonstration activities with respect to perfluoroalkyl and polyfluoroalkyl substances. ( b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. ( B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( (2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 3) National academies.--The term ``National Academies'' means the National Academies of Sciences, Engineering, and Medicine. B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. 2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. (B) Report.--Not later than 18 months after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (a) In General.--Not later than 180 days after the date on which all reports from the National Academies under section 4 have been submitted to Congress, the Director of the Office of Science and Technology Policy, in coordination with the heads of all relevant Federal agencies, shall submit to Congress an implementation plan for increased collaboration and coordination of Federal research, development, and demonstration activities with respect to perfluoroalkyl and polyfluoroalkyl substances. ( b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. ( B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( (2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 3) National academies.--The term ``National Academies'' means the National Academies of Sciences, Engineering, and Medicine. B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. 2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. (B) Report.--Not later than 18 months after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (a) In General.--Not later than 180 days after the date on which all reports from the National Academies under section 4 have been submitted to Congress, the Director of the Office of Science and Technology Policy, in coordination with the heads of all relevant Federal agencies, shall submit to Congress an implementation plan for increased collaboration and coordination of Federal research, development, and demonstration activities with respect to perfluoroalkyl and polyfluoroalkyl substances. ( b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. ( B) Report.--Not later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( (2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. ( B) Report.--Not later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

To provide for the National Academies of Sciences, Engineering, and Medicine to study and report on a Federal research agenda to advance the understanding of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. B) Report.--Not later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. 2) Phase i study and report on treatment and remediation.-- (A) In general.--The phase I study under paragraph (1) shall, at a minimum-- (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. ( B) Report.--Not later than 18 months after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall-- (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. ( (a) In General.--Not later than 180 days after the date on which all reports from the National Academies under section 4 have been submitted to Congress, the Director of the Office of Science and Technology Policy, in coordination with the heads of all relevant Federal agencies, shall submit to Congress an implementation plan for increased collaboration and coordination of Federal research, development, and demonstration activities with respect to perfluoroalkyl and polyfluoroalkyl substances. ( b) Requirement.--In preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.

Federal PFAS Research Evaluation Act - Directs the Director of the National Science Foundation (NSF) to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to: (1) conduct a two-phase study to identify research and development needed to advance human exposure estimations and toxicity and hazard estimations of perfluoroalkyl and polyfluoroalk Directs the Director and the Administrator of the Environmental Protection Agency (EPA) to jointly enter into an agreement with the National Academies of Science to conduct a two-phase study to better understand: (1) the research and development needed to advance the understanding of the extent and implications of environmental contamination by perfluoroalkyl and polyfluoroalkylene substances (PFAS); (

H.R.3953

Commerce

Unsubscribe Act of 2021 This bill requires that certain consumer protections are included in negative option agreements (i.e., an agreement under which a consumer's failure to take an affirmative action is considered approval to be charged for goods or services). These agreements are prohibited unless the terms provide the consumer with a way to cancel the agreement, in the same manner by which the agreement was entered, before incurring further or increased charges. Further, under free-to-pay conversion contracts, where a consumer is charged a nominal introductory rate and an increased rate after the introductory period ends, the provider of the good or service must require the consumer to perform an additional action, like clicking a confirmation button, before the increased rate takes effect. The bill also requires that certain notifications are provided to consumers in the context of other forms of negative option agreements online, such as notice between two and seven days before an automatic renewal. The bill provides for enforcement of these requirements by the Federal Trade Commission and state attorneys general.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2021''. SEC. 2. INCREASED CONSUMER PROTECTION WITH RESPECT TO NEGATIVE OPTION AGREEMENTS ENTERED INTO ON THE INTERNET. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (b) Requirements for Free-To-Pay Conversion Contracts.-- (1) In general.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a free-to-pay conversion contract, unless-- (A) before obtaining the consumer's billing information, the person has obtained the consumer's express informed consent to enter into the contract and has provided the consumer with a notification of the terms of the contract, including the fact that-- (i) for an introductory period, the consumer will receive the good or service at no charge or for a nominal charge; and (ii) after the introductory period, the consumer will be charged or charged an increased amount for the good or service; and (B) before the initial charge or initial increase after the introductory period, the person requires the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box, which indicates the consumer's consent to be charged the amount disclosed. (2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. (d) Mandatory Notifications With Respect to Material Changes in Terms of Negative Option Agreements.--In the case of a material change in the terms of a negative option agreement between any person and a consumer, the person shall provide the consumer with a notification of the terms of the agreement as changed before the change takes effect. (e) Regulations.--The Federal Trade Commission may prescribe regulations under section 553 of title 5, United States Code, to carry out this Act. SEC. 3. ENFORCEMENT. (a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (3) Intervention by the commission.--The Federal Trade Commission may intervene in a civil action brought under paragraph (1) and upon intervening-- (A) may be heard on all matters arising in the civil action; and (B) may file petitions for appeal of a decision in the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. SEC. 4. PREEMPTION OF DIRECTLY CONFLICTING STATE LAW. This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. SEC. 5. DEFINITIONS. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. (4) Negative option agreement.--The term ``negative option agreement'' means-- (A) an automatic renewal contract; (B) a continuity plan contract; (C) a free-to-pay conversion contract; (D) a pre-notification negative option plan contract; or (E) any combination of the contracts described in subparagraphs (A) through (D). (5) Notification.--The term ``notification'', when used with respect to the terms of a contract, means a written notification that clearly, conspicuously, and concisely states all material terms of the contract, including information regarding the cancellation process. (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act. <all>

Unsubscribe Act of 2021

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes.

Unsubscribe Act of 2021

Rep. Takano, Mark

D

CA

This bill requires that certain consumer protections are included in negative option agreements (i.e., an agreement under which a consumer's failure to take an affirmative action is considered approval to be charged for goods or services). These agreements are prohibited unless the terms provide the consumer with a way to cancel the agreement, in the same manner by which the agreement was entered, before incurring further or increased charges. Further, under free-to-pay conversion contracts, where a consumer is charged a nominal introductory rate and an increased rate after the introductory period ends, the provider of the good or service must require the consumer to perform an additional action, like clicking a confirmation button, before the increased rate takes effect. The bill also requires that certain notifications are provided to consumers in the context of other forms of negative option agreements online, such as notice between two and seven days before an automatic renewal. The bill provides for enforcement of these requirements by the Federal Trade Commission and state attorneys general.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2021''. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. were incorporated into and made a part of this Act. (2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. 5. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. SEC. 6. EFFECTIVE DATE.

SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2021''. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. were incorporated into and made a part of this Act. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. 5. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. SEC. 6. EFFECTIVE DATE.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2021''. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. (d) Mandatory Notifications With Respect to Material Changes in Terms of Negative Option Agreements.--In the case of a material change in the terms of a negative option agreement between any person and a consumer, the person shall provide the consumer with a notification of the terms of the agreement as changed before the change takes effect. ENFORCEMENT. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. 5. DEFINITIONS. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. SEC. 6. EFFECTIVE DATE.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2021''. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (b) Requirements for Free-To-Pay Conversion Contracts.-- (1) In general.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a free-to-pay conversion contract, unless-- (A) before obtaining the consumer's billing information, the person has obtained the consumer's express informed consent to enter into the contract and has provided the consumer with a notification of the terms of the contract, including the fact that-- (i) for an introductory period, the consumer will receive the good or service at no charge or for a nominal charge; and (ii) after the introductory period, the consumer will be charged or charged an increased amount for the good or service; and (B) before the initial charge or initial increase after the introductory period, the person requires the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box, which indicates the consumer's consent to be charged the amount disclosed. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. (d) Mandatory Notifications With Respect to Material Changes in Terms of Negative Option Agreements.--In the case of a material change in the terms of a negative option agreement between any person and a consumer, the person shall provide the consumer with a notification of the terms of the agreement as changed before the change takes effect. ENFORCEMENT. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. PREEMPTION OF DIRECTLY CONFLICTING STATE LAW. This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. 5. DEFINITIONS. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. SEC. 6. EFFECTIVE DATE.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. 2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( 2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. ( (a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. 2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( 2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. ( (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. ( This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. (2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. ( 3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. ( This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. ( (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( 2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. ( (2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. ( b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. 3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. ( (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. ( (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( 2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. ( (2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. ( b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. 3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. ( (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. 2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( 2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. ( (a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. 2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( 2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. ( (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. ( This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. (2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. ( 3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. ( This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. ( (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( 2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. ( (2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. ( b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. 3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. ( (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. 2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( ( 2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. ( ( a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( 4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. ( This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. ( 2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( ( (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. 6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. 2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( ( 2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. ( ( a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( 4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. ( This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. ( 2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( ( (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. 6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. 2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. ( ( (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. ( 4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. ( ( 2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (

Unsubscribe Act of 2021 - Prohibits any person from entering into a negative option agreement with any consumer unless the agreement provides the consumer with a mechanism to cancel the agreement in the same manner and by the same means as it was entered. (Sec. 2) Makes it unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account Prohibits the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. Prohibits an action from being brought if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States.

H.R.8457

Education

Making College More Affordable Act This bill creates federal interest-free education loans for undergraduate students. The loans must generally have the same terms and conditions and benefits to borrowers as Federal Direct Stafford Loans. Interest on these loans may only accrue during periods when a borrower is earning taxable income, is in repayment on such loans, and is not making payments under a repayment plan. The Department of Education (ED) must carry out a repayment plan program for the interest-free loans under which loan payments are automatically withheld from the wages of the borrower. ED must cancel any outstanding balance of principal or interest due on those interest-free loans made to a borrower who has made 360 monthly payments. The bill also allows for a tax deduction for amounts paid on these loans.

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making College More Affordable Act''. SEC. 2. FEDERAL DIRECT INTEREST-FREE LOANS FOR UNDERGRADUATE STUDENTS AND REPAYMENT PLAN. (a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. ``(B) Existing borrowers.--Beginning on July 1, 2023, the Secretary shall cancel the obligation of a borrower, if the borrower submits an application to the Secretary under this subparagraph, to repay any loan made under this part for the borrower's undergraduate education and for which the first disbursement was made, or the application for the consolidation loan was received, on or before June 30, 2023, and issue to such borrower a Federal Direct Interest-Free Education Loan in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(D) Federal direct consolidation loans.--A borrower of a Federal Direct Interest-Free Education Loan and any other loan made under this part (such as a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan for graduate or professional education) may consolidate such loans into a Federal Direct Consolidation Loan. ``(E) Terms, conditions, and benefits.--A Federal Direct Interest-Free Education Loan shall have the same terms and conditions, and benefits to borrowers as a Federal Direct Stafford Loan with respect to undergraduate borrowers, except that such a loan-- ``(i) shall have an applicable rate of interest of 3.73 percent for the term of the loan; ``(ii) the aggregate maximum amount that may be awarded to a borrower shall be $90,000, for not more than a 4-year academic period; ``(iii) may only be repaid under the income-contingent repayment plan under subsection (r) or a standard repayment plan under subsection (d)(1)(A); ``(iv) interest on such loan shall only accrue during periods when a borrower is earning taxable income, is in repayment on such loan, and not making payments under a repayment plan described in clause (iii); and ``(v) may include other terms and conditions, and benefits to borrowers of such loan, as determined by the Secretary.''. (b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is further amended by adding at the end the following: ``(r) Income-Contingent Repayment Plan for Undergraduate Loans.-- Notwithstanding any other provision of this Act, the Secretary shall carry out a program under which-- ``(1) a borrower of a Federal Direct Interest-Free Education Loan-- ``(A) shall have an aggregate monthly payment for the outstanding balance of principal and interest due on all such loans automatically withheld from the wages (as such term is defined in section 3401(a) of the Internal Revenue Code of 1986) of the borrower by the employer of the borrower in a manner which-- ``(i) prohibits employers from using any information about an employee's outstanding balance or principal and interest due on such loans for any purpose of use as an advantage against the employee; ``(ii) is determined by the Secretary, in coordination with the heads of other appropriate Federal agencies (including the Secretary of the Treasury and the Commissioner of the Social Security Administration); and ``(iii) is an amount equal to-- ``(I) if the borrower's gross income is less than 337 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)), $0; ``(II) if the borrower's gross income is equal to or greater than 337 percent, but not more than 841 percent of such poverty line, 4 percent of the borrower's gross income; ``(III) if the borrower's gross income is equal to or greater than 842 percent, but not more than 925 percent of such poverty line, 5 percent of the borrower's gross income; ``(IV) if the borrower's gross income is equal to or greater than 926 percent, but not more than 1,010 percent of such poverty line, 6 percent of the borrower's gross income; ``(V) if the borrower's gross income is equal to or greater than 1,011 percent, but not more than 1,094 percent of such poverty line, 7 percent of the borrower's gross income; ``(VI) if the borrower's gross income is equal to or greater than 1,095 percent, but not more than 1,178 percent of such poverty line, 8 percent of the borrower's gross income; ``(VII) if the borrower's gross income is equal to or greater than 1,179 percent, and 1,262 percent of such poverty line, 9 percent of the borrower's gross income; and ``(VIII) if the borrower's gross income is equal to or greater than 1,263 percent of such poverty line, 10 percent of the borrower's gross income; and ``(B) may elect to have any payments made under subparagraph (A) that exceed the amount owed by the borrower on such loans for a calendar year be refunded to the borrower or applied to the amount owed by the borrower on such loans for the succeeding calendar year; ``(2) the Secretary shall cancel any outstanding balance of principal or interest due on all Federal Direct Interest-Free Education Loans made to a borrower who has made 360 monthly payments under this subsection; and ``(3) the amount cancelled under paragraph (2) shall not be includible in the gross income of the borrower.''. SEC. 3. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. FEDERAL DIRECT INTEREST-FREE EDUCATION LOANS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amounts paid by the taxpayer during the taxable year on any Federal Direct Interest-Free Education Loan described in section 455(a)(4) of the Higher Education Act of 1965. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Denial of double benefit.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter, or for which an exclusion is allowable under section 127 to the taxpayer by reason of the payment by the taxpayer's employer of any indebtedness on a qualified education loan of the taxpayer. ``(2) Dependents not eligible for deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(4) Marital status.--Marital status shall be determined in accordance with section 7703.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: ``Sec. 224. Federal Direct Interest-Free Education Loans. ``Sec. 225. Cross-reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Making College More Affordable Act

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes.

Making College More Affordable Act

Rep. Cicilline, David N.

D

RI

This bill creates federal interest-free education loans for undergraduate students. The loans must generally have the same terms and conditions and benefits to borrowers as Federal Direct Stafford Loans. Interest on these loans may only accrue during periods when a borrower is earning taxable income, is in repayment on such loans, and is not making payments under a repayment plan. The Department of Education (ED) must carry out a repayment plan program for the interest-free loans under which loan payments are automatically withheld from the wages of the borrower. ED must cancel any outstanding balance of principal or interest due on those interest-free loans made to a borrower who has made 360 monthly payments. The bill also allows for a tax deduction for amounts paid on these loans.

(b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. 9902(2)), $0; ``(II) if the borrower's gross income is equal to or greater than 337 percent, but not more than 841 percent of such poverty line, 4 percent of the borrower's gross income; ``(III) if the borrower's gross income is equal to or greater than 842 percent, but not more than 925 percent of such poverty line, 5 percent of the borrower's gross income; ``(IV) if the borrower's gross income is equal to or greater than 926 percent, but not more than 1,010 percent of such poverty line, 6 percent of the borrower's gross income; ``(V) if the borrower's gross income is equal to or greater than 1,011 percent, but not more than 1,094 percent of such poverty line, 7 percent of the borrower's gross income; ``(VI) if the borrower's gross income is equal to or greater than 1,095 percent, but not more than 1,178 percent of such poverty line, 8 percent of the borrower's gross income; ``(VII) if the borrower's gross income is equal to or greater than 1,179 percent, and 1,262 percent of such poverty line, 9 percent of the borrower's gross income; and ``(VIII) if the borrower's gross income is equal to or greater than 1,263 percent of such poverty line, 10 percent of the borrower's gross income; and ``(B) may elect to have any payments made under subparagraph (A) that exceed the amount owed by the borrower on such loans for a calendar year be refunded to the borrower or applied to the amount owed by the borrower on such loans for the succeeding calendar year; ``(2) the Secretary shall cancel any outstanding balance of principal or interest due on all Federal Direct Interest-Free Education Loans made to a borrower who has made 360 monthly payments under this subsection; and ``(3) the amount cancelled under paragraph (2) shall not be includible in the gross income of the borrower.''. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. FEDERAL DIRECT INTEREST-FREE EDUCATION LOANS. ``(2) Dependents not eligible for deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(4) Marital status.--Marital status shall be determined in accordance with section 7703.''.

9902(2)), $0; ``(II) if the borrower's gross income is equal to or greater than 337 percent, but not more than 841 percent of such poverty line, 4 percent of the borrower's gross income; ``(III) if the borrower's gross income is equal to or greater than 842 percent, but not more than 925 percent of such poverty line, 5 percent of the borrower's gross income; ``(IV) if the borrower's gross income is equal to or greater than 926 percent, but not more than 1,010 percent of such poverty line, 6 percent of the borrower's gross income; ``(V) if the borrower's gross income is equal to or greater than 1,011 percent, but not more than 1,094 percent of such poverty line, 7 percent of the borrower's gross income; ``(VI) if the borrower's gross income is equal to or greater than 1,095 percent, but not more than 1,178 percent of such poverty line, 8 percent of the borrower's gross income; ``(VII) if the borrower's gross income is equal to or greater than 1,179 percent, and 1,262 percent of such poverty line, 9 percent of the borrower's gross income; and ``(VIII) if the borrower's gross income is equal to or greater than 1,263 percent of such poverty line, 10 percent of the borrower's gross income; and ``(B) may elect to have any payments made under subparagraph (A) that exceed the amount owed by the borrower on such loans for a calendar year be refunded to the borrower or applied to the amount owed by the borrower on such loans for the succeeding calendar year; ``(2) the Secretary shall cancel any outstanding balance of principal or interest due on all Federal Direct Interest-Free Education Loans made to a borrower who has made 360 monthly payments under this subsection; and ``(3) the amount cancelled under paragraph (2) shall not be includible in the gross income of the borrower.''. FEDERAL DIRECT INTEREST-FREE EDUCATION LOANS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(E) Terms, conditions, and benefits.--A Federal Direct Interest-Free Education Loan shall have the same terms and conditions, and benefits to borrowers as a Federal Direct Stafford Loan with respect to undergraduate borrowers, except that such a loan-- ``(i) shall have an applicable rate of interest of 3.73 percent for the term of the loan; ``(ii) the aggregate maximum amount that may be awarded to a borrower shall be $90,000, for not more than a 4-year academic period; ``(iii) may only be repaid under the income-contingent repayment plan under subsection (r) or a standard repayment plan under subsection (d)(1)(A); ``(iv) interest on such loan shall only accrue during periods when a borrower is earning taxable income, is in repayment on such loan, and not making payments under a repayment plan described in clause (iii); and ``(v) may include other terms and conditions, and benefits to borrowers of such loan, as determined by the Secretary.''. (b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. 9902(2)), $0; ``(II) if the borrower's gross income is equal to or greater than 337 percent, but not more than 841 percent of such poverty line, 4 percent of the borrower's gross income; ``(III) if the borrower's gross income is equal to or greater than 842 percent, but not more than 925 percent of such poverty line, 5 percent of the borrower's gross income; ``(IV) if the borrower's gross income is equal to or greater than 926 percent, but not more than 1,010 percent of such poverty line, 6 percent of the borrower's gross income; ``(V) if the borrower's gross income is equal to or greater than 1,011 percent, but not more than 1,094 percent of such poverty line, 7 percent of the borrower's gross income; ``(VI) if the borrower's gross income is equal to or greater than 1,095 percent, but not more than 1,178 percent of such poverty line, 8 percent of the borrower's gross income; ``(VII) if the borrower's gross income is equal to or greater than 1,179 percent, and 1,262 percent of such poverty line, 9 percent of the borrower's gross income; and ``(VIII) if the borrower's gross income is equal to or greater than 1,263 percent of such poverty line, 10 percent of the borrower's gross income; and ``(B) may elect to have any payments made under subparagraph (A) that exceed the amount owed by the borrower on such loans for a calendar year be refunded to the borrower or applied to the amount owed by the borrower on such loans for the succeeding calendar year; ``(2) the Secretary shall cancel any outstanding balance of principal or interest due on all Federal Direct Interest-Free Education Loans made to a borrower who has made 360 monthly payments under this subsection; and ``(3) the amount cancelled under paragraph (2) shall not be includible in the gross income of the borrower.''. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. FEDERAL DIRECT INTEREST-FREE EDUCATION LOANS. ``(2) Dependents not eligible for deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(4) Marital status.--Marital status shall be determined in accordance with section 7703.''. Cross-reference.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making College More Affordable Act''. ``(B) Existing borrowers.--Beginning on July 1, 2023, the Secretary shall cancel the obligation of a borrower, if the borrower submits an application to the Secretary under this subparagraph, to repay any loan made under this part for the borrower's undergraduate education and for which the first disbursement was made, or the application for the consolidation loan was received, on or before June 30, 2023, and issue to such borrower a Federal Direct Interest-Free Education Loan in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(E) Terms, conditions, and benefits.--A Federal Direct Interest-Free Education Loan shall have the same terms and conditions, and benefits to borrowers as a Federal Direct Stafford Loan with respect to undergraduate borrowers, except that such a loan-- ``(i) shall have an applicable rate of interest of 3.73 percent for the term of the loan; ``(ii) the aggregate maximum amount that may be awarded to a borrower shall be $90,000, for not more than a 4-year academic period; ``(iii) may only be repaid under the income-contingent repayment plan under subsection (r) or a standard repayment plan under subsection (d)(1)(A); ``(iv) interest on such loan shall only accrue during periods when a borrower is earning taxable income, is in repayment on such loan, and not making payments under a repayment plan described in clause (iii); and ``(v) may include other terms and conditions, and benefits to borrowers of such loan, as determined by the Secretary.''. (b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. 9902(2)), $0; ``(II) if the borrower's gross income is equal to or greater than 337 percent, but not more than 841 percent of such poverty line, 4 percent of the borrower's gross income; ``(III) if the borrower's gross income is equal to or greater than 842 percent, but not more than 925 percent of such poverty line, 5 percent of the borrower's gross income; ``(IV) if the borrower's gross income is equal to or greater than 926 percent, but not more than 1,010 percent of such poverty line, 6 percent of the borrower's gross income; ``(V) if the borrower's gross income is equal to or greater than 1,011 percent, but not more than 1,094 percent of such poverty line, 7 percent of the borrower's gross income; ``(VI) if the borrower's gross income is equal to or greater than 1,095 percent, but not more than 1,178 percent of such poverty line, 8 percent of the borrower's gross income; ``(VII) if the borrower's gross income is equal to or greater than 1,179 percent, and 1,262 percent of such poverty line, 9 percent of the borrower's gross income; and ``(VIII) if the borrower's gross income is equal to or greater than 1,263 percent of such poverty line, 10 percent of the borrower's gross income; and ``(B) may elect to have any payments made under subparagraph (A) that exceed the amount owed by the borrower on such loans for a calendar year be refunded to the borrower or applied to the amount owed by the borrower on such loans for the succeeding calendar year; ``(2) the Secretary shall cancel any outstanding balance of principal or interest due on all Federal Direct Interest-Free Education Loans made to a borrower who has made 360 monthly payments under this subsection; and ``(3) the amount cancelled under paragraph (2) shall not be includible in the gross income of the borrower.''. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. FEDERAL DIRECT INTEREST-FREE EDUCATION LOANS. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Denial of double benefit.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter, or for which an exclusion is allowable under section 127 to the taxpayer by reason of the payment by the taxpayer's employer of any indebtedness on a qualified education loan of the taxpayer. ``(2) Dependents not eligible for deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(4) Marital status.--Marital status shall be determined in accordance with section 7703.''. Cross-reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(D) Federal direct consolidation loans.--A borrower of a Federal Direct Interest-Free Education Loan and any other loan made under this part (such as a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan for graduate or professional education) may consolidate such loans into a Federal Direct Consolidation Loan. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. ( ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amounts paid by the taxpayer during the taxable year on any Federal Direct Interest-Free Education Loan described in section 455(a)(4) of the Higher Education Act of 1965. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. (

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. ( (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. ( (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(D) Federal direct consolidation loans.--A borrower of a Federal Direct Interest-Free Education Loan and any other loan made under this part (such as a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan for graduate or professional education) may consolidate such loans into a Federal Direct Consolidation Loan. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. ( ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amounts paid by the taxpayer during the taxable year on any Federal Direct Interest-Free Education Loan described in section 455(a)(4) of the Higher Education Act of 1965. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. (

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. ( (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(D) Federal direct consolidation loans.--A borrower of a Federal Direct Interest-Free Education Loan and any other loan made under this part (such as a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan for graduate or professional education) may consolidate such loans into a Federal Direct Consolidation Loan. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. ( ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amounts paid by the taxpayer during the taxable year on any Federal Direct Interest-Free Education Loan described in section 455(a)(4) of the Higher Education Act of 1965. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. (

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. ( (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(D) Federal direct consolidation loans.--A borrower of a Federal Direct Interest-Free Education Loan and any other loan made under this part (such as a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan for graduate or professional education) may consolidate such loans into a Federal Direct Consolidation Loan. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. ( ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amounts paid by the taxpayer during the taxable year on any Federal Direct Interest-Free Education Loan described in section 455(a)(4) of the Higher Education Act of 1965. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. (

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. ( (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes. a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Federal direct interest-free education loans for undergraduate education.-- ``(A) New borrowers.--Notwithstanding any other provision of this Act and subject to subparagraphs (C) and (D), an undergraduate student who is a new borrower on or after July 1, 2023, shall only be eligible to receive Federal Direct Interest-Free Education Loans under this part. ``(C) Parent plus loans for undergraduate education.--Nothing in this section shall be construed to prohibit a parent from borrowing a Federal Direct PLUS Loan on behalf of a dependent, undergraduate student on or after July 1, 2023. ``(D) Federal direct consolidation loans.--A borrower of a Federal Direct Interest-Free Education Loan and any other loan made under this part (such as a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan for graduate or professional education) may consolidate such loans into a Federal Direct Consolidation Loan. b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. FEDERAL DIRECT INTEREST-FREE EDUCATION LOAN PAYMENTS DEDUCTIBLE. ( ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amounts paid by the taxpayer during the taxable year on any Federal Direct Interest-Free Education Loan described in section 455(a)(4) of the Higher Education Act of 1965. ``(3) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Student loan principal payments.--The deduction allowed by section 224.''. (

Making College More Affordable Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Department of Education (ED) to cancel the obligation of an undergraduate student who is a new borrower on or after July 1, 2023, to repay any Federal Direct PLUS or Federal Direct Unsubsidized Stafford Loan made for the borrower's undergraduate education and for Amends the Internal Revenue Code to allow an individual taxpayer a deduction for the amounts paid during the taxable year on any Federal Direct Interest-Free Education Loan (DEL) under title IV (Student Assistance) of the Higher Education Act of 1965 (HEA). (Currently, such deduction is limited to the amount of student loan principal payments.) (Sec. 3)

H.R.1689

Energy

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

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

Offshore Wind for Territories Act

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

Offshore Wind for Territories Act

Resident Commissioner González-Colón, Jenniffer

R

PR

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 4. 1331 et seq.) 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(2) Call for information and nominations.--The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). ``(iii) The Secretary has consulted with the Secretary of Defense regarding such a sale. ``(B) Exception.--If no area of the outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iii) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory.''. 5. (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. is amended by adding at the end the following: ``SEC. 211. CORAL REEF CONSERVATION FUND. 1338). 6403 and 6405). ``(d) Availability.--Amounts deposited in the Fund shall remain in the Fund until appropriated by Congress. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 4. 1331 et seq.) 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(2) Call for information and nominations.--The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). ``(iii) The Secretary has consulted with the Secretary of Defense regarding such a sale. ``(B) Exception.--If no area of the outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iii) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory.''. 5. (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. is amended by adding at the end the following: ``SEC. 211. CORAL REEF CONSERVATION FUND. 1338). 6403 and 6405). ``(d) Availability.--Amounts deposited in the Fund shall remain in the Fund until appropriated by Congress. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended-- (1) by striking ``All rentals'' and inserting the following: ``(a) In General.--Except as otherwise provided in law, all rentals''; and (2) by adding at the end the following: ``(b) Disposition of Revenues to Territories of the United States.--Of the bonuses, rentals, royalties, and other sums paid to the Secretary under this Act from a lease for an area of land on the outer Continental Shelf adjacent to a territory and lying within the exclusive economic zone of the United States pertaining to such territory, and not otherwise obligated or appropriated-- ``(1) 50 percent shall be deposited in the Treasury and credited to miscellaneous receipts; ``(2) 12.5 percent shall be deposited in the Coral Reef Conservation Fund established under section 211 of the Coral Reef Conservation Act of 2000; and ``(3) 37.5 percent shall be disbursed to territories of the United States in an amount for each territory (based on a formula established by the Secretary by regulation) that is inversely proportional to the respective distance between the point on the coastline of the territory that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract.''. 4. 1331 et seq.) 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(C) Publication.--The study required in subparagraph (A) shall be published in the Federal Register for public comment for not fewer than 60 days. ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, respectively. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(2) Call for information and nominations.--The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). ``(iii) The Secretary has consulted with the Secretary of Defense regarding such a sale. ``(B) Exception.--If no area of the outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iii) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory.''. 5. (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by adding at the end the following: ``SEC. 211. CORAL REEF CONSERVATION FUND. 1338). 6403 and 6405). ``(d) Availability.--Amounts deposited in the Fund shall remain in the Fund until appropriated by Congress. ``(f) Authorization of Appropriations.--There are authorized to be appropriated from the Fund to the Secretary of Commerce, an amount equal to the amount deposited in the Fund in the previous fiscal year. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

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

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. ( (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( a) Conditional Wind Lease Sales in Territories of the United States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ``(C) Publication.--The study required in subparagraph (A) shall be published in the Federal Register for public comment for not fewer than 60 days. ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, respectively. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). ``(e) Reporting.--The President shall include with the proposed budget for the United States Government submitted to Congress for a fiscal year a comprehensive statement of deposits into the Fund during the previous fiscal year and estimated requirements during the following fiscal year for appropriations from the Fund. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. (

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( ``(a) Authorization.--The Secretary may conduct wind lease sales on the outer Continental Shelf. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( ``(a) Authorization.--The Secretary may conduct wind lease sales on the outer Continental Shelf. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. ( (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( a) Conditional Wind Lease Sales in Territories of the United States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ``(C) Publication.--The study required in subparagraph (A) shall be published in the Federal Register for public comment for not fewer than 60 days. ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, respectively. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). ``(e) Reporting.--The President shall include with the proposed budget for the United States Government submitted to Congress for a fiscal year a comprehensive statement of deposits into the Fund during the previous fiscal year and estimated requirements during the following fiscal year for appropriations from the Fund. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. (

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( ``(a) Authorization.--The Secretary may conduct wind lease sales on the outer Continental Shelf. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. ( (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( a) Conditional Wind Lease Sales in Territories of the United States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ``(C) Publication.--The study required in subparagraph (A) shall be published in the Federal Register for public comment for not fewer than 60 days. ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, respectively. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). ``(e) Reporting.--The President shall include with the proposed budget for the United States Government submitted to Congress for a fiscal year a comprehensive statement of deposits into the Fund during the previous fiscal year and estimated requirements during the following fiscal year for appropriations from the Fund. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. (

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( ``(a) Authorization.--The Secretary may conduct wind lease sales on the outer Continental Shelf. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. ( (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( a) Conditional Wind Lease Sales in Territories of the United States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ``(C) Publication.--The study required in subparagraph (A) shall be published in the Federal Register for public comment for not fewer than 60 days. ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, respectively. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). ``(e) Reporting.--The President shall include with the proposed budget for the United States Government submitted to Congress for a fiscal year a comprehensive statement of deposits into the Fund during the previous fiscal year and estimated requirements during the following fiscal year for appropriations from the Fund. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. (

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ( ``(a) Authorization.--The Secretary may conduct wind lease sales on the outer Continental Shelf. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. ( ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''.

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. ( ( ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, respectively. ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. (

Offshore Wind for Territories Act - Amends the Outer Continental Shelf Lands Act to apply the Act to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. (Sec. 2) Authorizes the Secretary of the Interior to conduct wind lease sales on the outer continental shelf adjacent to U.S. Amends the Coral Reef Conservation Act of 2000 to direct the Secretary of the Interior to conduct at least one wind lease sale on an area of the outer Continental Shelf within the territorial jurisdiction of a territory that meets specified criteria, including that: (1) the study required under this Act concluded that a wind lease is feasible; (2) the Secretary has determined that the call for information

H.R.6728

Energy

American Offshore Worker Fairness Act This bill further restricts foreign crew members from working on vessels, rigs, and other structures engaged in offshore energy activities on the Outer Continental Shelf.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Offshore Worker Fairness Act''. SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. (a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)) is amended-- (1) in paragraph (1)(C), by striking ``; and'' and inserting a period; (2) by striking ``(c) The regulations issued under subsection (a)(3) of this section'' and all that follows through ``to any vessel, rig, platform, or other vehicle or structure if'' and inserting the following: ``(c) Exemptions.-- ``(1) In general.--The regulations issued under subsection (a)(3) shall not apply to any vessel, rig, platform, or other vehicle or structure if''; and (3) in paragraph (2)-- (A) by striking ``the exploration, development, or production of oil and gas'' and inserting ``exploring for, developing, or producing resources, including nonmineral energy resources,''; (B) by striking ``(2) to any vessel'' and inserting the following: ``(2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures.-- ``(A) In general.--Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel''; and (C) by adding at the end the following: ``(B) Condition.--An exemption under subparagraph (A) shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is-- ``(i) a citizen of the United States; ``(ii) an alien lawfully admitted to the United States for permanent residence; or ``(iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(ii) Contents.--An application under clause (i) shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(G) Civil penalties.--The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure-- ``(i) is manned or crewed in violation of this paragraph; or ``(ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that-- ``(I) the exemption was not validly obtained; or ``(II) information provided in the application for the exemption was false or incomplete. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) (as amended by subsection (a)). (c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). (2) Termination.--On the day after the last day of the period described in paragraph (1), each exemption described in such paragraph shall terminate. (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year. (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) or section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act). <all>

American Offshore Worker Fairness Act

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes.

American Offshore Worker Fairness Act

Rep. Graves, Garret

R

LA

This bill further restricts foreign crew members from working on vessels, rigs, and other structures engaged in offshore energy activities on the Outer Continental Shelf.

2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Offshore Worker Fairness Act''. SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. 1356(c)) is amended-- (1) in paragraph (1)(C), by striking ``; and'' and inserting a period; (2) by striking ``(c) The regulations issued under subsection (a)(3) of this section'' and all that follows through ``to any vessel, rig, platform, or other vehicle or structure if'' and inserting the following: ``(c) Exemptions.-- ``(1) In general.--The regulations issued under subsection (a)(3) shall not apply to any vessel, rig, platform, or other vehicle or structure if''; and (3) in paragraph (2)-- (A) by striking ``the exploration, development, or production of oil and gas'' and inserting ``exploring for, developing, or producing resources, including nonmineral energy resources,''; (B) by striking ``(2) to any vessel'' and inserting the following: ``(2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures.-- ``(A) In general.--Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel''; and (C) by adding at the end the following: ``(B) Condition.--An exemption under subparagraph (A) shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is-- ``(i) a citizen of the United States; ``(ii) an alien lawfully admitted to the United States for permanent residence; or ``(iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(ii) Contents.--An application under clause (i) shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(G) Civil penalties.--The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure-- ``(i) is manned or crewed in violation of this paragraph; or ``(ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that-- ``(I) the exemption was not validly obtained; or ``(II) information provided in the application for the exemption was false or incomplete. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Offshore Worker Fairness Act''. SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. (a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)) is amended-- (1) in paragraph (1)(C), by striking ``; and'' and inserting a period; (2) by striking ``(c) The regulations issued under subsection (a)(3) of this section'' and all that follows through ``to any vessel, rig, platform, or other vehicle or structure if'' and inserting the following: ``(c) Exemptions.-- ``(1) In general.--The regulations issued under subsection (a)(3) shall not apply to any vessel, rig, platform, or other vehicle or structure if''; and (3) in paragraph (2)-- (A) by striking ``the exploration, development, or production of oil and gas'' and inserting ``exploring for, developing, or producing resources, including nonmineral energy resources,''; (B) by striking ``(2) to any vessel'' and inserting the following: ``(2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures.-- ``(A) In general.--Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel''; and (C) by adding at the end the following: ``(B) Condition.--An exemption under subparagraph (A) shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is-- ``(i) a citizen of the United States; ``(ii) an alien lawfully admitted to the United States for permanent residence; or ``(iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(ii) Contents.--An application under clause (i) shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(G) Civil penalties.--The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure-- ``(i) is manned or crewed in violation of this paragraph; or ``(ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that-- ``(I) the exemption was not validly obtained; or ``(II) information provided in the application for the exemption was false or incomplete. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. ( c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). ( (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) (as amended by subsection (a)). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) (as amended by subsection (a)). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. ( c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). ( (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) (as amended by subsection (a)). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. ( c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). ( (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) (as amended by subsection (a)). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) (as amended by subsection (a)). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

American Offshore Worker Fairness Act - Amends the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Sheels vessels, vehicles, and structures, and for other purposes. (Sec. 2) Exempts certain foreign-owned vessels, rigs, platforms, and other vehicles or structures from such requirements, subject to Directs the Secretary of the department in which the Coast Guard is operating to: (1) promulgate regulations that specify the application requirements and process and other requirements for an exemption under the Outer Continental Shelf Lands Act (OCSLA); and (2) notify all persons that hold an exemption that the exemption will terminate on the last day of the 120-day period beginning on the

S.3810

Health

Countermeasure Injury Compensation Fund Amendment Act This bill modifies a program that compensates individuals for injuries experienced due to medical countermeasures (e.g., vaccines) delivered during certain public health emergencies, including with respect to compensation for COVID-19 vaccine injuries. The bill aligns award determination procedures and other aspects of the program with requirements under the Vaccine Injury Compensation Program, which provides compensation for injuries or deaths associated with routinely administered vaccines. Additionally, the bill establishes a temporary commission to identify injuries caused by receipt of a COVID-19 vaccine. The Department of Health and Human Services (HHS) must list all identified injuries in a table of conditions that are presumed to be caused by a COVID-19 vaccine, provided there is sufficient scientific evidence linking the injury to the vaccine. If HHS does not include an identified injury in the table, it must publish an explanation of that decision. The bill also allows individuals to resubmit their COVID-19 vaccine compensation claims, including the amounts of previously approved claims, for reconsideration under the provisions set out in the bill.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. SEC. 2. AMENDMENT TO THE COUNTERMEASURE INJURY COMPENSATION PROGRAM. Section 319F-4 of the Public Health Service Act (42 U.S.C. 247d-6e) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``under 319F- 3(b)'' and inserting ``under section 319F-3(b)''; (B) in paragraph (2)-- (i) by striking ``and be in the same amount'' and all that follows through ``shall not apply'' and inserting ``be in the same amount, and be subject to the same conditions as is prescribed by section 2115''; (C) by striking paragraphs (3) and (4) and inserting the following: ``(3) Determination of eligibility and compensation.-- Compensation shall be awarded under this section to eligible individuals in accordance with the procedure set forth in sections 2111, 2112, 2113, and 2121 for purposes of the National Vaccine Injury Compensation Program, subject to the other provisions of this section.''; (D) by inserting before paragraph (5) the following: ``(4) Time for filing petitions.-- ``(A) Previously submitted requests.-- ``(i) Pending claims.--In the case of a request for compensation submitted under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act for which no compensation has been provided prior to such date of enactment, in order to be eligible for compensation under this section, not later than 28 months after such date of enactment, the individual shall submit a new petition under this section, consistent with the amendments made by the Countermeasure Injury Compensation Fund Amendment Act. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. ``(B) Subsequent petitions.--In the case of a an injury or death resulting from the administration or use of a covered countermeasure to which subparagraph (A) does not apply, a petition for benefits or compensation under this section shall be filed not later than-- ``(i) subject to clause (ii)-- ``(I) in the case of serious physical injury, 3 years after the first symptom or manifestation of onset of a significant aggravation of a covered injury; or ``(II) in the case of death-- ``(aa) 2 years after death from the administration or use of the covered countermeasure; and ``(bb) 4 years after the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted; and ``(ii) in the case that a covered countermeasure is added to the table under paragraph (5)(A) and the effect is to permit an individual who was not, before such addition, eligible to seek compensation under this section, such individual may file a petition for such compensation not later than 2 years after the effective date of the addition of such countermeasure.''; (E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). In amending such table, the Secretary shall consider injuries caused by use of any vaccine that is, or was, the subject of an emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act. ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(C) COVID-19 vaccine commission.-- ``(i) In general.--There is established a commission to be known as the COVID-19 Vaccine Commission (referred to in this subparagraph as the `Commission') that is tasked with identifying covered injuries related to COVID- 19 vaccines, for purposes of recommending to the Secretary injuries for inclusion on the covered countermeasure injury table, as described in subparagraph (B). ``(ii) Membership.-- ``(I) In general.--The Commission shall be composed of the following: ``(aa) The Secretary, or a designee of the Secretary, to serve as an ex officio member. ``(bb) The following members, selected, not later than 30 days after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act, in accordance with subclause (II): ``(AA) 3 members appointed by the Chair of the Committee on Health, Education, Labor, and Pensions of the Senate. ``(BB) 3 members appointed by the Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate. ``(CC) 3 members appointed by the Chair of the Committee on Energy and Commerce of the House of Representatives. ``(DD) 3 members appointed by the Ranking Member of the Committee on Energy and Commerce of the House of Representatives. ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(III) No compensation.--Members of the Commission shall not be compensated. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. ``(iii) Report.--No later than one year after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act, the Commission shall submit to the Secretary and make publicly available a report identifying covered injuries considered for purposes of inclusion on the covered countermeasure injury table pursuant to subparagraph (B), and the vote counts and outcomes for each such injury. ``(iv) Sunset.--The Commission established under this subparagraph shall be terminated upon publication of the report under clause (iii).''; (F) by redesignating paragraph (6) as paragraph (7); (G) by inserting after paragraph (5) the following: ``(6) Electronic filing of petitions.--The clerk of the United States Court of Federal Claims shall provide an option for the electronic filing of a petition to initiate a proceeding for compensation under this section.''; and (H) in paragraph (7), as so redesignated-- (i) by striking ``sections 262, 263, 264, 265, and 266'' and inserting ``sections 2111, 2112, 2113, 2115, and 2121''; (ii) in subparagraph (A), by striking ``terms `vaccine' and `smallpox vaccine''' and inserting ``term `vaccine'''; (iii) by amending subparagraph (B) to read as follows: ``(B) the term `Vaccine Injury Table' shall be deemed to mean the table established under paragraph (5)(A);''; (iv) by redesignating subparagraph (C) as subparagraph (F); and (v) by inserting after subparagraph (B) the following: ``(C) the term `factors unrelated to the administration of the vaccine' shall be deemed to mean factors unrelated to the administration or use of a covered countermeasure; ``(D)(i) the terms `petition', `petition under section 2111', and `petition filed under section 2111' shall be deemed to mean a request for compensation under this section; and ``(ii) the term `petitioner' shall be deemed to mean a covered individual, as defined in subsection (e), who makes a request for benefits or compensation under this section; ``(E) the term `vaccine-related injury or death' shall be deemed to mean a covered injury, as defined in subsection (e); and''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``, or if the Secretary fails'' and all that follows through ``319F- 3(d)'' and inserting a period; and (B) in paragraph (5), by striking ``under subsection (a) the Secretary determines that a covered individual qualifies for compensation'' and inserting ``a covered individual is determined under subsection (a) to be eligible for compensation under this section''. <all>

Countermeasure Injury Compensation Fund Amendment Act

A bill to amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines.

Countermeasure Injury Compensation Fund Amendment Act

Sen. Lee, Mike

R

UT

This bill modifies a program that compensates individuals for injuries experienced due to medical countermeasures (e.g., vaccines) delivered during certain public health emergencies, including with respect to compensation for COVID-19 vaccine injuries. The bill aligns award determination procedures and other aspects of the program with requirements under the Vaccine Injury Compensation Program, which provides compensation for injuries or deaths associated with routinely administered vaccines. Additionally, the bill establishes a temporary commission to identify injuries caused by receipt of a COVID-19 vaccine. The Department of Health and Human Services (HHS) must list all identified injuries in a table of conditions that are presumed to be caused by a COVID-19 vaccine, provided there is sufficient scientific evidence linking the injury to the vaccine. If HHS does not include an identified injury in the table, it must publish an explanation of that decision. The bill also allows individuals to resubmit their COVID-19 vaccine compensation claims, including the amounts of previously approved claims, for reconsideration under the provisions set out in the bill.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. AMENDMENT TO THE COUNTERMEASURE INJURY COMPENSATION PROGRAM. ''; (D) by inserting before paragraph (5) the following: ``(4) Time for filing petitions.-- ``(A) Previously submitted requests.-- ``(i) Pending claims.--In the case of a request for compensation submitted under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act for which no compensation has been provided prior to such date of enactment, in order to be eligible for compensation under this section, not later than 28 months after such date of enactment, the individual shall submit a new petition under this section, consistent with the amendments made by the Countermeasure Injury Compensation Fund Amendment Act. ``(BB) 3 members appointed by the Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate. ``(III) No compensation.--Members of the Commission shall not be compensated. ''; and (H) in paragraph (7), as so redesignated-- (i) by striking ``sections 262, 263, 264, 265, and 266'' and inserting ``sections 2111, 2112, 2113, 2115, and 2121''; (ii) in subparagraph (A), by striking ``terms `vaccine' and `smallpox vaccine''' and inserting ``term `vaccine'''; (iii) by amending subparagraph (B) to read as follows: ``(B) the term `Vaccine Injury Table' shall be deemed to mean the table established under paragraph (5)(A);''; (iv) by redesignating subparagraph (C) as subparagraph (F); and (v) by inserting after subparagraph (B) the following: ``(C) the term `factors unrelated to the administration of the vaccine' shall be deemed to mean factors unrelated to the administration or use of a covered countermeasure; ``(D)(i) the terms `petition', `petition under section 2111', and `petition filed under section 2111' shall be deemed to mean a request for compensation under this section; and ``(ii) the term `petitioner' shall be deemed to mean a covered individual, as defined in subsection (e), who makes a request for benefits or compensation under this section; ``(E) the term `vaccine-related injury or death' shall be deemed to mean a covered injury, as defined in subsection (e); and''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``, or if the Secretary fails'' and all that follows through ``319F- 3(d)'' and inserting a period; and (B) in paragraph (5), by striking ``under subsection (a) the Secretary determines that a covered individual qualifies for compensation'' and inserting ``a covered individual is determined under subsection (a) to be eligible for compensation under this section''.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. AMENDMENT TO THE COUNTERMEASURE INJURY COMPENSATION PROGRAM. ``(BB) 3 members appointed by the Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate. ``(III) No compensation.--Members of the Commission shall not be compensated. ''; and (H) in paragraph (7), as so redesignated-- (i) by striking ``sections 262, 263, 264, 265, and 266'' and inserting ``sections 2111, 2112, 2113, 2115, and 2121''; (ii) in subparagraph (A), by striking ``terms `vaccine' and `smallpox vaccine''' and inserting ``term `vaccine'''; (iii) by amending subparagraph (B) to read as follows: ``(B) the term `Vaccine Injury Table' shall be deemed to mean the table established under paragraph (5)(A);''; (iv) by redesignating subparagraph (C) as subparagraph (F); and (v) by inserting after subparagraph (B) the following: ``(C) the term `factors unrelated to the administration of the vaccine' shall be deemed to mean factors unrelated to the administration or use of a covered countermeasure; ``(D)(i) the terms `petition', `petition under section 2111', and `petition filed under section 2111' shall be deemed to mean a request for compensation under this section; and ``(ii) the term `petitioner' shall be deemed to mean a covered individual, as defined in subsection (e), who makes a request for benefits or compensation under this section; ``(E) the term `vaccine-related injury or death' shall be deemed to mean a covered injury, as defined in subsection (e); and''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``, or if the Secretary fails'' and all that follows through ``319F- 3(d)'' and inserting a period; and (B) in paragraph (5), by striking ``under subsection (a) the Secretary determines that a covered individual qualifies for compensation'' and inserting ``a covered individual is determined under subsection (a) to be eligible for compensation under this section''.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. SEC. AMENDMENT TO THE COUNTERMEASURE INJURY COMPENSATION PROGRAM. ''; (D) by inserting before paragraph (5) the following: ``(4) Time for filing petitions.-- ``(A) Previously submitted requests.-- ``(i) Pending claims.--In the case of a request for compensation submitted under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act for which no compensation has been provided prior to such date of enactment, in order to be eligible for compensation under this section, not later than 28 months after such date of enactment, the individual shall submit a new petition under this section, consistent with the amendments made by the Countermeasure Injury Compensation Fund Amendment Act. ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(BB) 3 members appointed by the Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate. ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(III) No compensation.--Members of the Commission shall not be compensated. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. ''; and (H) in paragraph (7), as so redesignated-- (i) by striking ``sections 262, 263, 264, 265, and 266'' and inserting ``sections 2111, 2112, 2113, 2115, and 2121''; (ii) in subparagraph (A), by striking ``terms `vaccine' and `smallpox vaccine''' and inserting ``term `vaccine'''; (iii) by amending subparagraph (B) to read as follows: ``(B) the term `Vaccine Injury Table' shall be deemed to mean the table established under paragraph (5)(A);''; (iv) by redesignating subparagraph (C) as subparagraph (F); and (v) by inserting after subparagraph (B) the following: ``(C) the term `factors unrelated to the administration of the vaccine' shall be deemed to mean factors unrelated to the administration or use of a covered countermeasure; ``(D)(i) the terms `petition', `petition under section 2111', and `petition filed under section 2111' shall be deemed to mean a request for compensation under this section; and ``(ii) the term `petitioner' shall be deemed to mean a covered individual, as defined in subsection (e), who makes a request for benefits or compensation under this section; ``(E) the term `vaccine-related injury or death' shall be deemed to mean a covered injury, as defined in subsection (e); and''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``, or if the Secretary fails'' and all that follows through ``319F- 3(d)'' and inserting a period; and (B) in paragraph (5), by striking ``under subsection (a) the Secretary determines that a covered individual qualifies for compensation'' and inserting ``a covered individual is determined under subsection (a) to be eligible for compensation under this section''.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. SEC. AMENDMENT TO THE COUNTERMEASURE INJURY COMPENSATION PROGRAM. ''; (D) by inserting before paragraph (5) the following: ``(4) Time for filing petitions.-- ``(A) Previously submitted requests.-- ``(i) Pending claims.--In the case of a request for compensation submitted under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act for which no compensation has been provided prior to such date of enactment, in order to be eligible for compensation under this section, not later than 28 months after such date of enactment, the individual shall submit a new petition under this section, consistent with the amendments made by the Countermeasure Injury Compensation Fund Amendment Act. ``(B) Subsequent petitions.--In the case of a an injury or death resulting from the administration or use of a covered countermeasure to which subparagraph (A) does not apply, a petition for benefits or compensation under this section shall be filed not later than-- ``(i) subject to clause (ii)-- ``(I) in the case of serious physical injury, 3 years after the first symptom or manifestation of onset of a significant aggravation of a covered injury; or ``(II) in the case of death-- ``(aa) 2 years after death from the administration or use of the covered countermeasure; and ``(bb) 4 years after the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted; and ``(ii) in the case that a covered countermeasure is added to the table under paragraph (5)(A) and the effect is to permit an individual who was not, before such addition, eligible to seek compensation under this section, such individual may file a petition for such compensation not later than 2 years after the effective date of the addition of such countermeasure. ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(ii) Membership.-- ``(I) In general.--The Commission shall be composed of the following: ``(aa) The Secretary, or a designee of the Secretary, to serve as an ex officio member. ``(BB) 3 members appointed by the Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate. ``(CC) 3 members appointed by the Chair of the Committee on Energy and Commerce of the House of Representatives. ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(III) No compensation.--Members of the Commission shall not be compensated. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. ''; (F) by redesignating paragraph (6) as paragraph (7); (G) by inserting after paragraph (5) the following: ``(6) Electronic filing of petitions.--The clerk of the United States Court of Federal Claims shall provide an option for the electronic filing of a petition to initiate a proceeding for compensation under this section. ''; and (H) in paragraph (7), as so redesignated-- (i) by striking ``sections 262, 263, 264, 265, and 266'' and inserting ``sections 2111, 2112, 2113, 2115, and 2121''; (ii) in subparagraph (A), by striking ``terms `vaccine' and `smallpox vaccine''' and inserting ``term `vaccine'''; (iii) by amending subparagraph (B) to read as follows: ``(B) the term `Vaccine Injury Table' shall be deemed to mean the table established under paragraph (5)(A);''; (iv) by redesignating subparagraph (C) as subparagraph (F); and (v) by inserting after subparagraph (B) the following: ``(C) the term `factors unrelated to the administration of the vaccine' shall be deemed to mean factors unrelated to the administration or use of a covered countermeasure; ``(D)(i) the terms `petition', `petition under section 2111', and `petition filed under section 2111' shall be deemed to mean a request for compensation under this section; and ``(ii) the term `petitioner' shall be deemed to mean a covered individual, as defined in subsection (e), who makes a request for benefits or compensation under this section; ``(E) the term `vaccine-related injury or death' shall be deemed to mean a covered injury, as defined in subsection (e); and''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``, or if the Secretary fails'' and all that follows through ``319F- 3(d)'' and inserting a period; and (B) in paragraph (5), by striking ``under subsection (a) the Secretary determines that a covered individual qualifies for compensation'' and inserting ``a covered individual is determined under subsection (a) to be eligible for compensation under this section''.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. ''; (E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(ii) Membership.-- ``(I) In general.--The Commission shall be composed of the following: ``(aa) The Secretary, or a designee of the Secretary, to serve as an ex officio member. ``(DD) 3 members appointed by the Ranking Member of the Committee on Energy and Commerce of the House of Representatives. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. ``(iii) Report.--No later than one year after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act, the Commission shall submit to the Secretary and make publicly available a report identifying covered injuries considered for purposes of inclusion on the covered countermeasure injury table pursuant to subparagraph (B), and the vote counts and outcomes for each such injury.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). In amending such table, the Secretary shall consider injuries caused by use of any vaccine that is, or was, the subject of an emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act. ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). In amending such table, the Secretary shall consider injuries caused by use of any vaccine that is, or was, the subject of an emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act. ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. ''; (E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(ii) Membership.-- ``(I) In general.--The Commission shall be composed of the following: ``(aa) The Secretary, or a designee of the Secretary, to serve as an ex officio member. ``(DD) 3 members appointed by the Ranking Member of the Committee on Energy and Commerce of the House of Representatives. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. ``(iii) Report.--No later than one year after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act, the Commission shall submit to the Secretary and make publicly available a report identifying covered injuries considered for purposes of inclusion on the covered countermeasure injury table pursuant to subparagraph (B), and the vote counts and outcomes for each such injury.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). In amending such table, the Secretary shall consider injuries caused by use of any vaccine that is, or was, the subject of an emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act. ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. ''; (E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(ii) Membership.-- ``(I) In general.--The Commission shall be composed of the following: ``(aa) The Secretary, or a designee of the Secretary, to serve as an ex officio member. ``(DD) 3 members appointed by the Ranking Member of the Committee on Energy and Commerce of the House of Representatives. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. ``(iii) Report.--No later than one year after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act, the Commission shall submit to the Secretary and make publicly available a report identifying covered injuries considered for purposes of inclusion on the covered countermeasure injury table pursuant to subparagraph (B), and the vote counts and outcomes for each such injury.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). In amending such table, the Secretary shall consider injuries caused by use of any vaccine that is, or was, the subject of an emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act. ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. This Act may be cited as the ``Countermeasure Injury Compensation Fund Amendment Act''. ``(ii) Previously paid claims.--In the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act that relates to a COVID-19 countermeasure, the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment, less the amount already received by the individual. ''; (E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(ii) Membership.-- ``(I) In general.--The Commission shall be composed of the following: ``(aa) The Secretary, or a designee of the Secretary, to serve as an ex officio member. ``(DD) 3 members appointed by the Ranking Member of the Committee on Energy and Commerce of the House of Representatives. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code. ``(iii) Report.--No later than one year after the date of enactment of the Countermeasure Injury Compensation Fund Amendment Act, the Commission shall submit to the Secretary and make publicly available a report identifying covered injuries considered for purposes of inclusion on the covered countermeasure injury table pursuant to subparagraph (B), and the vote counts and outcomes for each such injury.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). ``(II) Eligibility.--Members selected to serve on the Commission pursuant to subclause (I)(bb) shall-- ``(aa) be chosen on the basis of their experience, integrity, impartiality, and good judgement; ``(bb) at the time of appointment, not be elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government; and ``(cc) at the time of appointment, not be a member of the board or an employee of an entity whose product is under review, or expected to be under review, by the Commission. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code.

To amend the Countermeasure Injury Compensation Program with respect to COVID-19 vaccines. E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: ``(B) Amendment with respect to covid-19 vaccines.-- ``(i) In general.--Not later than 60 days after receipt of the report under subparagraph (C)(iii), the Secretary, taking into consideration such report, shall amend the covered countermeasure injury table established under subparagraph (A) to include all injuries related to COVID-19 vaccines that meet the standard described in subparagraph (A). ``(ii) Explanation of certain determinations.--With respect to any recommendation of the COVID-19 Vaccine Commission included in the report under subparagraph (C)(iii) that the Secretary does not adopt pursuant to this subparagraph, the Secretary, not later than 7 days after the covered countermeasure injury table has been amended pursuant to clause (i), shall publish a written explanation of the determination not to adopt such recommendation. ``(IV) Conflict of interest.--Each member of the Commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section 208 of title 18, United States Code.

Countermeasure Injury Compensation Fund Amendment Act - Amends the Public Health Service Act to revise the countermeasure injury compensation program to include all injuries related to COVID-19 vaccines. (Currently, the program only applies to vaccines that meet the standard described in the Federal Food, Drug, and Cosmetic Act for emergency use authorization.) Requires the Secretary of Health and Human Services to adopt This bill establishes the Countermeasure Injury Compensation Fund (CICF) to provide compensation for vaccine-related injuries or death. The CICF shall: (1) report to the Secretary of Health and Human Services on the status of the CICFs, including the number of claims filed, the number and type of claims, and the number or type of petitions filed; and

S.3592

Emergency Management

Firefighter Staffing and Support Act This bill provides additional funding for firefighter staffing and safety grants. Specifically, the bill increases funding levels for FY2023 and sets a formula for funding for FY2024-FY2028 under the Assistance to Firefighters Grants and Staffing for Adequate Fire and Emergency Response grants programs, including for technical assistance. The Federal Emergency Management Agency (FEMA) and the U.S. Fire Administration must submit to Congress and make publicly available reports on (1) plans to improve the grant application process to ease access to such grant funds; and (2) the challenges specific to rural and volunteer fire departments, including an action plan to address such challenges. The bill also provides protections for volunteer firefighters. An employer may not terminate, demote, or discriminate against a volunteer firefighter for providing emergency services as part of a response to an emergency or major disaster.

To provide additional funding for firefighter staffing and safety grants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Staffing and Support Act''. SEC. 2. FIREFIGHTER SAFETY GRANTS. Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) in subsection (d), by striking paragraph (4); (2) in subsection (q)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``, and there is appropriated,'' after ``appropriated''; (B) in subparagraph (A), by striking ``and'' at the end; (C) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``2023'' and inserting ``2022''; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(C) $913,000,000 for fiscal year 2023; and ``(D) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i).''; and (3) by striking subsection (r). SEC. 3. SAFER GRANTS. Section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) is amended-- (1) in subsection (j)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``, and there is appropriated,'' after ``appropriated''; (B) in subparagraph (H), by striking ``and'' at the end; (C) in subparagraph (I)-- (i) in the matter preceding clause (i), by striking ``2023'' and inserting ``2022''; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(J) $913,000,000 for fiscal year 2023; and ``(K) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i).''; and (2) by striking subsection (k). SEC. 4. TECHNICAL ASSISTANCE. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 38. TECHNICAL ASSISTANCE. ``In addition to amounts made available under sections 33(q)(2) and 34(j)(2), there is authorized to be appropriated, and there is appropriated, to provide technical assistance to qualified entities described in sections 33(c)(1) and 34(a) to prepare and submit an application for a grant under section 33(e) or 34(b)-- ``(1) $10,000,000 for fiscal year 2023; and ``(2) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(A) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(B) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i).''. SEC. 5. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency and the Administrator of the United States Fire Administration shall submit to Congress and make publicly available-- (1) a report on plans to improve the application process for grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a) to ease access to those grant funds; and (2) a report on the challenges specific to rural and volunteer fire departments, as defined in section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. SEC. 6. PROTECTIONS FOR VOLUNTEERS FROM EMPLOYER DISCRIMINATION. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), as amended by section 4 of this Act, is amended by adding at the end the following: ``SEC. 39. VOLUNTEER FIREFIGHTER AND EMS PERSONNEL JOB PROTECTION. ``(a) Definitions.--In this section: ``(1) Emergency; major disaster.--The terms `emergency' and `major disaster' have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(3) Volunteer emergency medical services.--The term `volunteer emergency medical services' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. ``(4) Volunteer firefighter.--The term `volunteer firefighter' means an individual who is a member in good standing of a qualified volunteer fire department. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(2) Deployment.--The prohibition in paragraph (1) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee-- ``(A) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre- existing mutual aid agreement; or ``(B) is a volunteer firefighter who-- ``(i) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred; ``(ii) is a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; and ``(iii) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster. ``(3) Limitations.--The prohibition in paragraph (1) shall not apply to an employee who-- ``(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year; ``(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or ``(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(c) Right of Action.-- ``(1) Right of action.--An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in subsection (b) may bring, in a district court of the United States of appropriate jurisdiction, a civil action against the employer of the individual seeking-- ``(A) reinstatement of the individual's former employment; ``(B) payment of back wages; ``(C) reinstatement of fringe benefits; and ``(D) if the employment granted seniority rights, reinstatement of seniority rights. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''. <all>

Firefighter Staffing and Support Act

A bill to provide additional funding for firefighter staffing and safety grants, and for other purposes.

Firefighter Staffing and Support Act

Sen. Sanders, Bernard

I

VT

This bill provides additional funding for firefighter staffing and safety grants. Specifically, the bill increases funding levels for FY2023 and sets a formula for funding for FY2024-FY2028 under the Assistance to Firefighters Grants and Staffing for Adequate Fire and Emergency Response grants programs, including for technical assistance. The Federal Emergency Management Agency (FEMA) and the U.S. Fire Administration must submit to Congress and make publicly available reports on (1) plans to improve the grant application process to ease access to such grant funds; and (2) the challenges specific to rural and volunteer fire departments, including an action plan to address such challenges. The bill also provides protections for volunteer firefighters. An employer may not terminate, demote, or discriminate against a volunteer firefighter for providing emergency services as part of a response to an emergency or major disaster.

SHORT TITLE. 2. FIREFIGHTER SAFETY GRANTS. Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) in subsection (d), by striking paragraph (4); (2) in subsection (q)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``, and there is appropriated,'' after ``appropriated''; (B) in subparagraph (A), by striking ``and'' at the end; (C) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``2023'' and inserting ``2022''; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(C) $913,000,000 for fiscal year 2023; and ``(D) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). 2201 et seq.) 38. TECHNICAL ASSISTANCE. 5. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. SEC. 6. 39. VOLUNTEER FIREFIGHTER AND EMS PERSONNEL JOB PROTECTION. 5122). ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(3) Volunteer emergency medical services.--The term `volunteer emergency medical services' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(c) Right of Action.-- ``(1) Right of action.--An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in subsection (b) may bring, in a district court of the United States of appropriate jurisdiction, a civil action against the employer of the individual seeking-- ``(A) reinstatement of the individual's former employment; ``(B) payment of back wages; ``(C) reinstatement of fringe benefits; and ``(D) if the employment granted seniority rights, reinstatement of seniority rights.

2. FIREFIGHTER SAFETY GRANTS. Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) in subsection (d), by striking paragraph (4); (2) in subsection (q)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``, and there is appropriated,'' after ``appropriated''; (B) in subparagraph (A), by striking ``and'' at the end; (C) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``2023'' and inserting ``2022''; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(C) $913,000,000 for fiscal year 2023; and ``(D) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). 2201 et seq.) TECHNICAL ASSISTANCE. 5. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. SEC. 6. ``(3) Volunteer emergency medical services.--The term `volunteer emergency medical services' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Staffing and Support Act''. 2. FIREFIGHTER SAFETY GRANTS. Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) in subsection (d), by striking paragraph (4); (2) in subsection (q)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``, and there is appropriated,'' after ``appropriated''; (B) in subparagraph (A), by striking ``and'' at the end; (C) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``2023'' and inserting ``2022''; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(C) $913,000,000 for fiscal year 2023; and ``(D) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). SAFER GRANTS. ''; and (2) by striking subsection (k). 2201 et seq.) 38. TECHNICAL ASSISTANCE. 5. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. SEC. 6. 39. VOLUNTEER FIREFIGHTER AND EMS PERSONNEL JOB PROTECTION. 5122). ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(3) Volunteer emergency medical services.--The term `volunteer emergency medical services' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. ``(2) Deployment.--The prohibition in paragraph (1) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee-- ``(A) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre- existing mutual aid agreement; or ``(B) is a volunteer firefighter who-- ``(i) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred; ``(ii) is a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; and ``(iii) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(c) Right of Action.-- ``(1) Right of action.--An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in subsection (b) may bring, in a district court of the United States of appropriate jurisdiction, a civil action against the employer of the individual seeking-- ``(A) reinstatement of the individual's former employment; ``(B) payment of back wages; ``(C) reinstatement of fringe benefits; and ``(D) if the employment granted seniority rights, reinstatement of seniority rights. ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''.

To provide additional funding for firefighter staffing and safety grants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Staffing and Support Act''. 2. FIREFIGHTER SAFETY GRANTS. Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) in subsection (d), by striking paragraph (4); (2) in subsection (q)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``, and there is appropriated,'' after ``appropriated''; (B) in subparagraph (A), by striking ``and'' at the end; (C) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``2023'' and inserting ``2022''; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(C) $913,000,000 for fiscal year 2023; and ``(D) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). ''; and (3) by striking subsection (r). SAFER GRANTS. ''; and (2) by striking subsection (k). 2201 et seq.) 38. TECHNICAL ASSISTANCE. 5. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency and the Administrator of the United States Fire Administration shall submit to Congress and make publicly available-- (1) a report on plans to improve the application process for grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a) to ease access to those grant funds; and (2) a report on the challenges specific to rural and volunteer fire departments, as defined in section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. SEC. 6. PROTECTIONS FOR VOLUNTEERS FROM EMPLOYER DISCRIMINATION. 39. VOLUNTEER FIREFIGHTER AND EMS PERSONNEL JOB PROTECTION. ``(a) Definitions.--In this section: ``(1) Emergency; major disaster.--The terms `emergency' and `major disaster' have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(3) Volunteer emergency medical services.--The term `volunteer emergency medical services' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. ``(2) Deployment.--The prohibition in paragraph (1) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee-- ``(A) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre- existing mutual aid agreement; or ``(B) is a volunteer firefighter who-- ``(i) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred; ``(ii) is a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; and ``(iii) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster. ``(3) Limitations.--The prohibition in paragraph (1) shall not apply to an employee who-- ``(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year; ``(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or ``(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(c) Right of Action.-- ``(1) Right of action.--An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in subsection (b) may bring, in a district court of the United States of appropriate jurisdiction, a civil action against the employer of the individual seeking-- ``(A) reinstatement of the individual's former employment; ``(B) payment of back wages; ``(C) reinstatement of fringe benefits; and ``(D) if the employment granted seniority rights, reinstatement of seniority rights. ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''.

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(3) Limitations.--The prohibition in paragraph (1) shall not apply to an employee who-- ``(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year; ``(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or ``(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''.

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. PROTECTIONS FOR VOLUNTEERS FROM EMPLOYER DISCRIMINATION. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b).

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. PROTECTIONS FOR VOLUNTEERS FROM EMPLOYER DISCRIMINATION. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b).

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(3) Limitations.--The prohibition in paragraph (1) shall not apply to an employee who-- ``(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year; ``(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or ``(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''.

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. PROTECTIONS FOR VOLUNTEERS FROM EMPLOYER DISCRIMINATION. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b).

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(3) Limitations.--The prohibition in paragraph (1) shall not apply to an employee who-- ``(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year; ``(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or ``(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''.

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. PROTECTIONS FOR VOLUNTEERS FROM EMPLOYER DISCRIMINATION. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b).

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(3) Limitations.--The prohibition in paragraph (1) shall not apply to an employee who-- ``(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year; ``(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or ``(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''.

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. PROTECTIONS FOR VOLUNTEERS FROM EMPLOYER DISCRIMINATION. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(4) Withholding of pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). ``(5) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- ``(A) the employee responded to the emergency or major disaster in an official capacity; and ``(B) the schedule and dates of the employee's participation in such response. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b).

To provide additional funding for firefighter staffing and safety grants, and for other purposes. This Act may be cited as the ``Firefighter Staffing and Support Act''. and (2) by striking subsection (k). TECHNICAL ASSISTANCE. REPORTS FROM FEMA AND UNITED STATES FIRE ADMINISTRATION. 2229), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. ``(2) Qualified volunteer fire department.--The term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. ``(b) Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.-- ``(1) Termination prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. ``(3) Limitations.--The prohibition in paragraph (1) shall not apply to an employee who-- ``(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year; ``(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or ``(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. ``(6) Reasonable notice required.--An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall-- ``(A) make a reasonable effort to notify the employee's employer of such absence; and ``(B) continue to provide reasonable notifications over the course of such absence. ``(2) Limitation.--The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). ``(d) Enforcement.--The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section.''.

Firefighter Staffing and Support Act - Amends the Federal Fire Prevention and Control Act of 1974 to: (1) increase firefighter staffing and safety grants; (2) provide technical assistance to qualified entities to prepare and submit an application for a grant; and (3) provide additional funding for firefighting grants. (Sec. 4) Directs the Administrator of the Federal Emergency Management Agency This bill prohibits an employer from: (1) requiring an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or state official managing the local or State response to such emergency or disaster that states that the employee responded in an official capacity and the schedule and dates of the employee's participation in such

H.R.8125

Taxation

Starter-K Act of 2022 This bill allows employers who do not provide a retirement plan to establish a starter 401(k) deferral-only arrangement for plan years beginning after 2022. The bill defines starter 401(k) deferral-only arrangement as any cash or deferred arrangement that meets specified automatic deferral requirements, contribution limitations, and notice requirements. Such arrangements also allow catch-up contributions for individuals age 50 and over and exempt such employers from complying with certain participation and discrimination standards.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement 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 ``Starter-K Act of 2022''. SEC. 2. STARTER 401(K) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN. (a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(B) Starter 401(k) deferral-only arrangement.-- For purposes of this paragraph, the term `starter 401(k) deferral-only arrangement' means any cash or deferred arrangement which meets-- ``(i) the automatic deferral requirements of subparagraph (C), ``(ii) the contribution limitations of subparagraph (D), and ``(iii) the requirements of subparagraph (E) of paragraph (13). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement, each employee eligible to participate in the arrangement is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(iii) Qualified percentage.--For purposes of this subparagraph, the term `qualified percentage' means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(ii) Cost-of-living adjustment.--In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that `2022' shall be substituted for `2005'. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the cash or deferred arrangement described in subparagraph (B), does not maintain any other qualified plan. An employer treated as an eligible employer under the preceding sentence shall be treated as an eligible employer with respect to the arrangement for any subsequent plan year without regard to whether it maintains another qualified plan. ``(ii) Qualified plan.--The term `qualified plan' means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)).''. (b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(B) Safe harbor deferral-only plan.--For purposes of this paragraph, the term `safe harbor deferral-only plan' means any plan which meets-- ``(i) the automatic deferral requirements of subparagraph (C), ``(ii) the contribution limitations of subparagraph (D), and ``(iii) the requirements of subparagraph (E) of section 401(k)(13). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any eligible employee if such eligible employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(iii) Qualified percentage.--For purposes of this subparagraph, the term `qualified percentage' means, with respect to any employee, any percentage determined under the plan if such percentage is applied uniformly and is not less than 3 or more than 15 percent. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan-- ``(I) the only contributions which may be made are elective contributions of eligible employees, and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(ii) Cost-of-living adjustment.--In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that `2022' shall be substituted for `2005'. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. An employer treated as an eligible employer under the preceding sentence shall be treated as an eligible employer with respect to the plan for any subsequent plan year without regard to whether it maintains another qualified plan. ``(ii) Qualified plan.--The term `qualified plan' means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)). ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. (c) Catch-Up Contributions for Individuals Age 50 and Over.-- (1) Section 414(v)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ``, 401(k)(16), 403(b)(15),'' after ``401(k)(11)'' each place it appears. (2) Section 414(v)(3)(B) of such Code is amended-- (A) by inserting ``, 401(k)(16)'' after ``401(k)(11)'', and (B) by inserting ``, 403(b)(15)'' after ``403(b)(12)''. (d) Simplified Reporting.--Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. (e) Starter and Safe Harbor Plans Not Treated as Top-Heavy Plans.-- Subparagraph (H) of section 416(g)(4) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``arrangements'' in the heading and inserting ``arrangements or plans'', (2) by striking ``, and'' at the end of clause (i) and inserting ``and matching contributions with respect to which the requirements of section 401(m)(11) or 401(m)(12) are met, or'', and (3) by striking clause (ii) and inserting after clause (i) the following new clause: ``(ii) a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) or a safe harbor deferral-only plan described in section 403(b)(15).''. (f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No. 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. (g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022. <all>

Starter-K Act of 2022

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes.

Starter-K Act of 2022

Rep. Sánchez, Linda T.

D

CA

This bill allows employers who do not provide a retirement plan to establish a starter 401(k) deferral-only arrangement for plan years beginning after 2022. The bill defines starter 401(k) deferral-only arrangement as any cash or deferred arrangement that meets specified automatic deferral requirements, contribution limitations, and notice requirements. Such arrangements also allow catch-up contributions for individuals age 50 and over and exempt such employers from complying with certain participation and discrimination 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 ``Starter-K Act of 2022''. SEC. 2. STARTER 401(K) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN. ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(iii) Qualified percentage.--For purposes of this subparagraph, the term `qualified percentage' means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(ii) Qualified plan.--The term `qualified plan' means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)).''. ``(ii) Cost-of-living adjustment.--In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that `2022' shall be substituted for `2005'. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. (2) Section 414(v)(3)(B) of such Code is amended-- (A) by inserting ``, 401(k)(16)'' after ``401(k)(11)'', and (B) by inserting ``, 403(b)(15)'' after ``403(b)(12)''. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title.

SHORT TITLE. This Act may be cited as the ``Starter-K Act of 2022''. 2. STARTER 401(K) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN. ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(iii) Qualified percentage.--For purposes of this subparagraph, the term `qualified percentage' means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(ii) Cost-of-living adjustment.--In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that `2022' shall be substituted for `2005'. ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. (2) Section 414(v)(3)(B) of such Code is amended-- (A) by inserting ``, 401(k)(16)'' after ``401(k)(11)'', and (B) by inserting ``, 403(b)(15)'' after ``403(b)(12)''. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Starter-K Act of 2022''. SEC. 2. STARTER 401(K) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN. ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement, each employee eligible to participate in the arrangement is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(iii) Qualified percentage.--For purposes of this subparagraph, the term `qualified percentage' means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the cash or deferred arrangement described in subparagraph (B), does not maintain any other qualified plan. An employer treated as an eligible employer under the preceding sentence shall be treated as an eligible employer with respect to the arrangement for any subsequent plan year without regard to whether it maintains another qualified plan. ``(ii) Qualified plan.--The term `qualified plan' means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)).''. (b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(ii) Cost-of-living adjustment.--In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that `2022' shall be substituted for `2005'. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. (2) Section 414(v)(3)(B) of such Code is amended-- (A) by inserting ``, 401(k)(16)'' after ``401(k)(11)'', and (B) by inserting ``, 403(b)(15)'' after ``403(b)(12)''. (d) Simplified Reporting.--Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. (f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No. 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. (g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement 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 ``Starter-K Act of 2022''. SEC. 2. STARTER 401(K) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN. ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement, each employee eligible to participate in the arrangement is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(iii) Qualified percentage.--For purposes of this subparagraph, the term `qualified percentage' means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the cash or deferred arrangement described in subparagraph (B), does not maintain any other qualified plan. An employer treated as an eligible employer under the preceding sentence shall be treated as an eligible employer with respect to the arrangement for any subsequent plan year without regard to whether it maintains another qualified plan. ``(ii) Qualified plan.--The term `qualified plan' means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)).''. (b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(B) Safe harbor deferral-only plan.--For purposes of this paragraph, the term `safe harbor deferral-only plan' means any plan which meets-- ``(i) the automatic deferral requirements of subparagraph (C), ``(ii) the contribution limitations of subparagraph (D), and ``(iii) the requirements of subparagraph (E) of section 401(k)(13). ``(ii) Cost-of-living adjustment.--In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that `2022' shall be substituted for `2005'. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. (c) Catch-Up Contributions for Individuals Age 50 and Over.-- (1) Section 414(v)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ``, 401(k)(16), 403(b)(15),'' after ``401(k)(11)'' each place it appears. (2) Section 414(v)(3)(B) of such Code is amended-- (A) by inserting ``, 401(k)(16)'' after ``401(k)(11)'', and (B) by inserting ``, 403(b)(15)'' after ``403(b)(12)''. (d) Simplified Reporting.--Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. (e) Starter and Safe Harbor Plans Not Treated as Top-Heavy Plans.-- Subparagraph (H) of section 416(g)(4) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``arrangements'' in the heading and inserting ``arrangements or plans'', (2) by striking ``, and'' at the end of clause (i) and inserting ``and matching contributions with respect to which the requirements of section 401(m)(11) or 401(m)(12) are met, or'', and (3) by striking clause (ii) and inserting after clause (i) the following new clause: ``(ii) a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) or a safe harbor deferral-only plan described in section 403(b)(15).''. (f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No. 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. (g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the cash or deferred arrangement described in subparagraph (B), does not maintain any other qualified plan. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan-- ``(I) the only contributions which may be made are elective contributions of eligible employees, and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. (d) Simplified Reporting.--Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. ( f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No. 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. ( c) Catch-Up Contributions for Individuals Age 50 and Over.-- (1) Section 414(v)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ``, 401(k)(16), 403(b)(15),'' after ``401(k)(11)'' each place it appears. ( 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. ( c) Catch-Up Contributions for Individuals Age 50 and Over.-- (1) Section 414(v)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ``, 401(k)(16), 403(b)(15),'' after ``401(k)(11)'' each place it appears. ( 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the cash or deferred arrangement described in subparagraph (B), does not maintain any other qualified plan. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan-- ``(I) the only contributions which may be made are elective contributions of eligible employees, and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. (d) Simplified Reporting.--Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. ( f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No. 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. ( c) Catch-Up Contributions for Individuals Age 50 and Over.-- (1) Section 414(v)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ``, 401(k)(16), 403(b)(15),'' after ``401(k)(11)'' each place it appears. ( 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(ii) Election out.--The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election-- ``(I) to not have such contributions made, or ``(II) to make elective contributions at a level specified in such affirmative election. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the cash or deferred arrangement described in subparagraph (B), does not maintain any other qualified plan. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan-- ``(I) the only contributions which may be made are elective contributions of eligible employees, and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. ``(iii) Cross reference.--For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. (d) Simplified Reporting.--Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. ( f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No. 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. a) In General.--Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Starter 401(k) deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(C) Automatic deferral.-- ``(i) In general.--The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. ``(F) Eligible employee.--For purposes of this paragraph, the term `eligible employee' means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).''. ( c) Catch-Up Contributions for Individuals Age 50 and Over.-- (1) Section 414(v)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ``, 401(k)(16), 403(b)(15),'' after ``401(k)(11)'' each place it appears. ( 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. ( 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. ( f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ( 2010-01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. ( g) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes. ``(D) Contribution limitations.-- ``(i) In general.--The requirements of this subparagraph are met if, under the arrangement-- ``(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ``(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. b) Certain Annuity Contracts.--Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Safe harbor deferral-only plans for employers with no retirement plan.-- ``(A) In general.--A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). ``(E) Eligible employer.--For purposes of this paragraph-- ``(i) In general.--The term `eligible employer' means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. ( 1024(a)(2)) is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or''. ( f) Plans Not Subject to Employee Retirement Income Security Act of 1974.--Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No.

Starter-K Act of 2022 - Amends the Internal Revenue Code to provide for starter 401(k)s for employers with no retirement plans, and for certain annuity contracts. (Currently, the term "starter" is used to mean a cash or deferred arrangement which meets the automatic deferral requirements of this Act, the contribution limitations of this Code, and the election out provisions Amends the Internal Revenue Code to: (1) allow catch-up contributions for individuals age 50 and over; and (2) provide for simplified reporting of plans. (Sec. 3) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exclude from the definition of "qualified plan" a plan, contract, pension, account, or trust that is not

S.3705

Energy

American Offshore Worker Fairness Act This bill further restricts foreign crew members from working on vessels, rigs, and other structures engaged in offshore energy activities on the Outer Continental Shelf.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Offshore Worker Fairness Act''. SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. (a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)) is amended-- (1) in paragraph (1)(C), by striking ``; and'' and inserting a period; (2) beginning in the matter preceding paragraph (1), by striking ``(c) The regulations issued under subsection (a)(3) of this section'' and all that follows through ``to any vessel'' in paragraph (1) and inserting the following: ``(c) Exemptions.-- ``(1) In general.--The regulations issued under subsection (a)(3) shall not apply to any vessel''; and (3) in paragraph (2)-- (A) by striking ``(2) to any vessel'' and inserting the following: ``(2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures.-- ``(A) In general.--Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel''; (B) in subparagraph (A) (as so designated), by striking ``the exploration, development, or production of oil and gas'' and inserting ``exploring for, developing, or producing resources, including nonmineral energy resources,''; and (C) by adding at the end the following: ``(B) Condition.--An exemption under subparagraph (A) shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is-- ``(i) a citizen of the United States; ``(ii) an alien lawfully admitted to the United States for permanent residence; or ``(iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(ii) Contents.--An application under clause (i) shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(G) Civil penalties.--The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure-- ``(i) is manned or crewed in violation of this paragraph; or ``(ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that-- ``(I) the exemption was not validly obtained; or ``(II) information provided in the application for the exemption was false or incomplete. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356). (c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). (2) Termination.--On the day after the last day of the period described in paragraph (1), each exemption described in that paragraph shall terminate. (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year. (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) or section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act). <all>

American Offshore Worker Fairness Act

A bill to amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes.

American Offshore Worker Fairness Act

Sen. Cassidy, Bill

R

LA

This bill further restricts foreign crew members from working on vessels, rigs, and other structures engaged in offshore energy activities on the Outer Continental Shelf.

2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. 1356). (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. 1356). (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Offshore Worker Fairness Act''. SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. 1356(c)) is amended-- (1) in paragraph (1)(C), by striking ``; and'' and inserting a period; (2) beginning in the matter preceding paragraph (1), by striking ``(c) The regulations issued under subsection (a)(3) of this section'' and all that follows through ``to any vessel'' in paragraph (1) and inserting the following: ``(c) Exemptions.-- ``(1) In general.--The regulations issued under subsection (a)(3) shall not apply to any vessel''; and (3) in paragraph (2)-- (A) by striking ``(2) to any vessel'' and inserting the following: ``(2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures.-- ``(A) In general.--Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel''; (B) in subparagraph (A) (as so designated), by striking ``the exploration, development, or production of oil and gas'' and inserting ``exploring for, developing, or producing resources, including nonmineral energy resources,''; and (C) by adding at the end the following: ``(B) Condition.--An exemption under subparagraph (A) shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is-- ``(i) a citizen of the United States; ``(ii) an alien lawfully admitted to the United States for permanent residence; or ``(iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(ii) Contents.--An application under clause (i) shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(G) Civil penalties.--The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure-- ``(i) is manned or crewed in violation of this paragraph; or ``(ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that-- ``(I) the exemption was not validly obtained; or ``(II) information provided in the application for the exemption was false or incomplete. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. 1356). (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Offshore Worker Fairness Act''. SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES. (a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)) is amended-- (1) in paragraph (1)(C), by striking ``; and'' and inserting a period; (2) beginning in the matter preceding paragraph (1), by striking ``(c) The regulations issued under subsection (a)(3) of this section'' and all that follows through ``to any vessel'' in paragraph (1) and inserting the following: ``(c) Exemptions.-- ``(1) In general.--The regulations issued under subsection (a)(3) shall not apply to any vessel''; and (3) in paragraph (2)-- (A) by striking ``(2) to any vessel'' and inserting the following: ``(2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures.-- ``(A) In general.--Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel''; (B) in subparagraph (A) (as so designated), by striking ``the exploration, development, or production of oil and gas'' and inserting ``exploring for, developing, or producing resources, including nonmineral energy resources,''; and (C) by adding at the end the following: ``(B) Condition.--An exemption under subparagraph (A) shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is-- ``(i) a citizen of the United States; ``(ii) an alien lawfully admitted to the United States for permanent residence; or ``(iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(ii) Contents.--An application under clause (i) shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(G) Civil penalties.--The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure-- ``(i) is manned or crewed in violation of this paragraph; or ``(ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that-- ``(I) the exemption was not validly obtained; or ``(II) information provided in the application for the exemption was false or incomplete. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. 1356). 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (2) Requirements.--Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year-- (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act).

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. ( c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). ( (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. ( c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). ( (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. a) Authorization of Limited Exemptions From Manning and Crew Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act (43 U.S.C. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. ``(H) Notification of secretary of state.--The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption.''. ( c) Existing Exemptions.-- (1) In general.--During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act-- (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). ( (3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(iii) Notice.--The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. ``(F) Review of compliance.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. ``(D) Application.-- ``(i) In general.--The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Manning or crewing violation.--The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that-- ``(I) was not authorized by the exemption; or ``(II) does not otherwise comply with this paragraph. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). ( d) Annual Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during the preceding year.

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. ``(C) Requirements.--An exemption under subparagraph (A)-- ``(i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and ``(ii) subject to subparagraph (D), shall be effective for not more than 1 year. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356). ( 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. ``(E) Revocations.-- ``(i) In general.--The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption-- ``(I) was false or incomplete; or ``(II) is no longer true or complete. ``(ii) Requirement.--During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. 3) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (

American Offshore Worker Fairness Act - Amends the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Sheels vessels, vehicles, and structures, and for other purposes. (Sec. 2) Prohibits the Secretary of the department in which the Coast Guard is operating from issuing regulations that apply to any vessel, Directs the Secretary of the department in which the Coast Guard is operating to: (1) promulgate regulations that specify the application requirements and process and other requirements for an exemption under the Outer Continental Shelf Lands Act (OCSLA); and (2) notify all persons that hold such an exemption that the exemption will terminate on the last day of the 120-day period beginning on

S.4371

Public Lands and Natural Resources

César E. Chávez and the Farmworker Movement National Historical Park Act This bill establishes, as a unit of the National Park System, the César E. Chávez and the Farmworker Movement National Historical Park in California and Arizona. It also establishes the Farmworker Peregrinación National Historic Trail in California. The boundary of the historical park shall include The Department of the Interior may acquire land and interests in land that are within the boundary of the park by donation, purchase with donated or appropriated funds, or exchange. The César E. Chávez National Monument shall continue to be administered as a distinct and identifiable unit of the National Park System. Interior may provide public interpretation of historic sites, museums, and resources on land not administered by Interior related to the life of César E. Chávez and the history of the farmworker movement. Interior must prepare a general management plan for the park. The Farmworker Peregrinación National Historic Trail is added to the National Trails System. The federal government shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the owner's consent.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cesar E. Chavez and the Farmworker Movement National Historical Park Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. 320301 note) for the purposes of protecting and interpreting the nationally significant resources associated with the property in Keene, California, known as ``Nuestra Senora Reina de la Paz''; (2) Nuestra Senora Reina de la Paz-- (A) served as the national headquarters of the United Farm Workers; and (B) was the home and workplace of Cesar E. Chavez, the family of Cesar E. Chavez, union members, and supporters of Cesar E. Chavez; (3) while the Cesar E. Chavez National Monument marks the extraordinary achievements and contributions to the history of the United States by Cesar E. Chavez and the farmworker movement, there are other significant sites in the States of California and Arizona that are important to the story of the farmworker movement; and (4) in the study conducted by the National Park Service entitled ``Cesar Chavez Special Resource Study and Environmental Assessment'' and submitted to Congress on October 24, 2013, the National Park Service-- (A)(i) found that several sites associated with Cesar E. Chavez and the farmworker movement-- (I) are suitable for inclusion in the National Park System; and (II) depict a distinct and important aspect of the history of the United States not otherwise adequately represented at existing units of the National Park System; and (ii) recommended that Congress establish a national historical park to honor the role that Cesar E. Chavez played in lifting up the lives of farmworkers; and (B)(i) found that the route of the 1966 march from Delano to Sacramento, California-- (I) is eligible for National Historic Landmark status; and (II) meets the criteria for designation as a national historic trail; and (ii) recommended that the National Park Service work with partner organizations and agencies to provide for interpretation programs along the route of the 1966 march from Delano to Sacramento, California. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. SEC. 3. DEFINITIONS. In this Act: (1) Historical park.--The term ``historical park'' means the Cesar E. Chavez and the Farmworker Movement National Historical Park established by section 4(a). (2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. (5) Study.--The term ``Study'' means the study conducted by the National Park Service entitled ``Cesar Chavez Special Resource Study and Environmental Assessment'' and submitted to Congress on October 24, 2013. SEC. 4. CESAR E. CHAVEZ AND THE FARMWORKER MOVEMENT NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the States a unit of the National Park System, to be known as the ``Cesar E. Chavez and the Farmworker Movement National Historical Park''. (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. (2) Cesar E. Chavez National Monument, which includes Nuestra Senora Reina de la Paz, in Keene, California. (3) Santa Rita Center in Phoenix, Arizona. (c) Additional Site.--On written agreement by the Secretary and the owner of the property indicating support for the inclusion, the Secretary may include within the boundary of the historical park McDonnell Hall in San Jose, California, as generally depicted on the map. (d) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service. (e) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (f) Cesar E. Chavez National Monument.--Notwithstanding the inclusion of the Cesar E. Chavez National Monument within the boundaries of the historical park, the Cesar E. Chavez National Monument shall continue to be administered as a distinct and identifiable unit of the National Park System in accordance with Presidential Proclamation 8884 (54 U.S.C. 320301 note). (g) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. (3) Cooperative agreements.--The Secretary may enter into cooperative agreements with the States, local governments, public and private organizations, and individuals to provide for the preservation, development, interpretation, and use of the historical park. (h) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (2) Additional sites.-- (A) In general.--The general management plan shall include a determination of whether there are-- (i) sites located in the Coachella Valley in the State of California that were reviewed in the Study that should be added to the historical park; (ii) additional representative sites in the States that were reviewed in the Study that should be added to the historical park; or (iii) sites outside of the States in the United States that relate to the farmworker movement that should be linked to, and interpreted at, the historical park. (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. (3) Consultation.--The general management plan under paragraph (1) shall be prepared in consultation with-- (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal and State agencies, public and private organizations, and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation. SEC. 5. FARMWORKER PEREGRINACION NATIONAL HISTORIC TRAIL. Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following: ``(31) Farmworker peregrinacion national historic trail.-- ``(A) In general.--The Farmworker Peregrinacion National Historic Trail (referred to in this paragraph as the `trail'), a route of approximately 300 miles taken by farmworkers between Delano and Sacramento, California, in 1966, as generally depicted as `Alternative C' in the study conducted by the National Park Service entitled `Cesar Chavez Special Resource Study and Environmental Assessment' and submitted to Congress on October 24, 2013. ``(B) Map.--A map describing the trail shall be on file and available for public inspection in the appropriate offices of the National Park Service. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector. ``(D) Land acquisition.--The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in land. ``(E) Cooperative agreements.--The Secretary of the Interior may enter into cooperative agreements with interested entities to provide for the preservation, development, interpretation, and use of the trail.''. <all>

César E. Chávez and the Farmworker Movement National Historical Park Act

A bill to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes.

César E. Chávez and the Farmworker Movement National Historical Park Act

Sen. Padilla, Alex

D

CA

This bill establishes, as a unit of the National Park System, the César E. Chávez and the Farmworker Movement National Historical Park in California and Arizona. It also establishes the Farmworker Peregrinación National Historic Trail in California. The boundary of the historical park shall include The Department of the Interior may acquire land and interests in land that are within the boundary of the park by donation, purchase with donated or appropriated funds, or exchange. The César E. Chávez National Monument shall continue to be administered as a distinct and identifiable unit of the National Park System. Interior may provide public interpretation of historic sites, museums, and resources on land not administered by Interior related to the life of César E. Chávez and the history of the farmworker movement. Interior must prepare a general management plan for the park. The Farmworker Peregrinación National Historic Trail is added to the National Trails System. The federal government shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the owner's consent.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS AND PURPOSE. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 3. DEFINITIONS. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. (5) Study.--The term ``Study'' means the study conducted by the National Park Service entitled ``Cesar Chavez Special Resource Study and Environmental Assessment'' and submitted to Congress on October 24, 2013. CESAR E. CHAVEZ AND THE FARMWORKER MOVEMENT NATIONAL HISTORICAL PARK. (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. (2) Cesar E. Chavez National Monument, which includes Nuestra Senora Reina de la Paz, in Keene, California. (3) Santa Rita Center in Phoenix, Arizona. (d) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service. 320301 note). (h) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. SEC. FARMWORKER PEREGRINACION NATIONAL HISTORIC TRAIL. Section 5(a) of the National Trails System Act (16 U.S.C. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector. ``(D) Land acquisition.--The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in land. ``(E) Cooperative agreements.--The Secretary of the Interior may enter into cooperative agreements with interested entities to provide for the preservation, development, interpretation, and use of the trail.''.

SHORT TITLE. 2. FINDINGS AND PURPOSE. 3. DEFINITIONS. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. (5) Study.--The term ``Study'' means the study conducted by the National Park Service entitled ``Cesar Chavez Special Resource Study and Environmental Assessment'' and submitted to Congress on October 24, 2013. CESAR E. CHAVEZ AND THE FARMWORKER MOVEMENT NATIONAL HISTORICAL PARK. (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. (2) Cesar E. Chavez National Monument, which includes Nuestra Senora Reina de la Paz, in Keene, California. (d) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service. 320301 note). (h) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. SEC. FARMWORKER PEREGRINACION NATIONAL HISTORIC TRAIL. Section 5(a) of the National Trails System Act (16 U.S.C. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector. ``(D) Land acquisition.--The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in land. ``(E) Cooperative agreements.--The Secretary of the Interior may enter into cooperative agreements with interested entities to provide for the preservation, development, interpretation, and use of the trail.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 3. DEFINITIONS. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. (5) Study.--The term ``Study'' means the study conducted by the National Park Service entitled ``Cesar Chavez Special Resource Study and Environmental Assessment'' and submitted to Congress on October 24, 2013. CESAR E. CHAVEZ AND THE FARMWORKER MOVEMENT NATIONAL HISTORICAL PARK. (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. (2) Cesar E. Chavez National Monument, which includes Nuestra Senora Reina de la Paz, in Keene, California. (3) Santa Rita Center in Phoenix, Arizona. (d) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service. 320301 note). (h) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. SEC. FARMWORKER PEREGRINACION NATIONAL HISTORIC TRAIL. Section 5(a) of the National Trails System Act (16 U.S.C. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector. ``(D) Land acquisition.--The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in land. ``(E) Cooperative agreements.--The Secretary of the Interior may enter into cooperative agreements with interested entities to provide for the preservation, development, interpretation, and use of the trail.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. 320301 note) for the purposes of protecting and interpreting the nationally significant resources associated with the property in Keene, California, known as ``Nuestra Senora Reina de la Paz''; (2) Nuestra Senora Reina de la Paz-- (A) served as the national headquarters of the United Farm Workers; and (B) was the home and workplace of Cesar E. Chavez, the family of Cesar E. Chavez, union members, and supporters of Cesar E. Chavez; (3) while the Cesar E. Chavez National Monument marks the extraordinary achievements and contributions to the history of the United States by Cesar E. Chavez and the farmworker movement, there are other significant sites in the States of California and Arizona that are important to the story of the farmworker movement; and (4) in the study conducted by the National Park Service entitled ``Cesar Chavez Special Resource Study and Environmental Assessment'' and submitted to Congress on October 24, 2013, the National Park Service-- (A)(i) found that several sites associated with Cesar E. Chavez and the farmworker movement-- (I) are suitable for inclusion in the National Park System; and (II) depict a distinct and important aspect of the history of the United States not otherwise adequately represented at existing units of the National Park System; and (ii) recommended that Congress establish a national historical park to honor the role that Cesar E. Chavez played in lifting up the lives of farmworkers; and (B)(i) found that the route of the 1966 march from Delano to Sacramento, California-- (I) is eligible for National Historic Landmark status; and (II) meets the criteria for designation as a national historic trail; and (ii) recommended that the National Park Service work with partner organizations and agencies to provide for interpretation programs along the route of the 1966 march from Delano to Sacramento, California. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 3. DEFINITIONS. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. (5) Study.--The term ``Study'' means the study conducted by the National Park Service entitled ``Cesar Chavez Special Resource Study and Environmental Assessment'' and submitted to Congress on October 24, 2013. CESAR E. CHAVEZ AND THE FARMWORKER MOVEMENT NATIONAL HISTORICAL PARK. (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. (2) Cesar E. Chavez National Monument, which includes Nuestra Senora Reina de la Paz, in Keene, California. (3) Santa Rita Center in Phoenix, Arizona. (d) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service. (e) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. 320301 note). (g) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (h) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. SEC. FARMWORKER PEREGRINACION NATIONAL HISTORIC TRAIL. Section 5(a) of the National Trails System Act (16 U.S.C. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector. ``(D) Land acquisition.--The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in land. ``(E) Cooperative agreements.--The Secretary of the Interior may enter into cooperative agreements with interested entities to provide for the preservation, development, interpretation, and use of the trail.''.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. ( c) Additional Site.--On written agreement by the Secretary and the owner of the property indicating support for the inclusion, the Secretary may include within the boundary of the historical park McDonnell Hall in San Jose, California, as generally depicted on the map. ( (g) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (2) Additional sites.-- (A) In general.--The general management plan shall include a determination of whether there are-- (i) sites located in the Coachella Valley in the State of California that were reviewed in the Study that should be added to the historical park; (ii) additional representative sites in the States that were reviewed in the Study that should be added to the historical park; or (iii) sites outside of the States in the United States that relate to the farmworker movement that should be linked to, and interpreted at, the historical park. ( B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 1244(a)) is amended by adding at the end the following: ``(31) Farmworker peregrinacion national historic trail.-- ``(A) In general.--The Farmworker Peregrinacion National Historic Trail (referred to in this paragraph as the `trail'), a route of approximately 300 miles taken by farmworkers between Delano and Sacramento, California, in 1966, as generally depicted as `Alternative C' in the study conducted by the National Park Service entitled `Cesar Chavez Special Resource Study and Environmental Assessment' and submitted to Congress on October 24, 2013. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( 4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. ( (e) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 3) Consultation.--The general management plan under paragraph (1) shall be prepared in consultation with-- (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal and State agencies, public and private organizations, and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( 4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. ( (e) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 3) Consultation.--The general management plan under paragraph (1) shall be prepared in consultation with-- (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal and State agencies, public and private organizations, and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. ( c) Additional Site.--On written agreement by the Secretary and the owner of the property indicating support for the inclusion, the Secretary may include within the boundary of the historical park McDonnell Hall in San Jose, California, as generally depicted on the map. ( (g) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (2) Additional sites.-- (A) In general.--The general management plan shall include a determination of whether there are-- (i) sites located in the Coachella Valley in the State of California that were reviewed in the Study that should be added to the historical park; (ii) additional representative sites in the States that were reviewed in the Study that should be added to the historical park; or (iii) sites outside of the States in the United States that relate to the farmworker movement that should be linked to, and interpreted at, the historical park. ( B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 1244(a)) is amended by adding at the end the following: ``(31) Farmworker peregrinacion national historic trail.-- ``(A) In general.--The Farmworker Peregrinacion National Historic Trail (referred to in this paragraph as the `trail'), a route of approximately 300 miles taken by farmworkers between Delano and Sacramento, California, in 1966, as generally depicted as `Alternative C' in the study conducted by the National Park Service entitled `Cesar Chavez Special Resource Study and Environmental Assessment' and submitted to Congress on October 24, 2013. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( 4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. ( (e) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 3) Consultation.--The general management plan under paragraph (1) shall be prepared in consultation with-- (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal and State agencies, public and private organizations, and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( (b) Boundary.--The boundary of the historical park shall include the following areas, as generally depicted on the map: (1) The Forty Acres in Delano, California. ( c) Additional Site.--On written agreement by the Secretary and the owner of the property indicating support for the inclusion, the Secretary may include within the boundary of the historical park McDonnell Hall in San Jose, California, as generally depicted on the map. ( (g) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (2) Additional sites.-- (A) In general.--The general management plan shall include a determination of whether there are-- (i) sites located in the Coachella Valley in the State of California that were reviewed in the Study that should be added to the historical park; (ii) additional representative sites in the States that were reviewed in the Study that should be added to the historical park; or (iii) sites outside of the States in the United States that relate to the farmworker movement that should be linked to, and interpreted at, the historical park. ( B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 1244(a)) is amended by adding at the end the following: ``(31) Farmworker peregrinacion national historic trail.-- ``(A) In general.--The Farmworker Peregrinacion National Historic Trail (referred to in this paragraph as the `trail'), a route of approximately 300 miles taken by farmworkers between Delano and Sacramento, California, in 1966, as generally depicted as `Alternative C' in the study conducted by the National Park Service entitled `Cesar Chavez Special Resource Study and Environmental Assessment' and submitted to Congress on October 24, 2013. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( 4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. ( (e) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 3) Consultation.--The general management plan under paragraph (1) shall be prepared in consultation with-- (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal and State agencies, public and private organizations, and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. c) Additional Site.--On written agreement by the Secretary and the owner of the property indicating support for the inclusion, the Secretary may include within the boundary of the historical park McDonnell Hall in San Jose, California, as generally depicted on the map. ( (g) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( ( ( B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. a) Findings.--Congress finds that-- (1) the Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 (54 U.S.C. (b) Purpose.--The purpose of this Act is to establish the Cesar E. Chavez and the Farmworker Movement National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar E. Chavez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by Cesar E. Chavez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with Cesar E. Chavez and the farmworker movement. 2) Map.--The term ``map'' means the map entitled ``Cesar Chavez National Historical Park Proposed Boundary'', numbered 502/179857, and dated March 2022. ( 4) State.--The term ``State'' means each of-- (A) the State of California; and (B) the State of Arizona. ( (e) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( (B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( 3) Consultation.--The general management plan under paragraph (1) shall be prepared in consultation with-- (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal and State agencies, public and private organizations, and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation.

To establish the Cesar E. Chavez and the Farmworker Movement National Historical Park in the States of California and Arizona, and for other purposes. c) Additional Site.--On written agreement by the Secretary and the owner of the property indicating support for the inclusion, the Secretary may include within the boundary of the historical park McDonnell Hall in San Jose, California, as generally depicted on the map. ( (g) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. ( 2) Interpretation.--The Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of Cesar E. Chavez and the history of the farmworker movement. ( ( ( B) Inclusion.--On a determination by the Secretary under subparagraph (A) that an additional site is appropriate for inclusion in the historical park, the Secretary may, with the consent of the owner of the applicable site, incorporate the applicable site into the historical park by publishing notice in the Federal Register of the inclusion of the site in the historical park. ( ``(C) Administration.--The trail shall be administered by the Secretary of the Interior, in consultation with-- ``(i) other Federal, State, Tribal, regional, and local agencies; and ``(ii) the private sector.

Cesar E. Chavez and the Farmworker Movement National Historical Park Act - Establishes the Cesar E., E. &quot;Cesar &q;E.&quot;;Farmworker Movement&q;National Historical Park in California and Arizona to: (1) protect and interpret the nationally significant resources associated with the property in Keene, California, known Amends the National Trails System Act to direct the Secretary of the Interior to prepare a general management plan for the Cesar Chavez National Historical Park in California that includes a determination of whether there are: (1) sites located in the Coachella Valley in the State of California that should be added to the Park; (2) additional representative sites in the States that were reviewed in the

S.1443

Taxation

Retirement Parity for Student Loans Act This bill allows certain employer-sponsored retirement plans to make matching contributions for an employee's student loan payments as if the loan payments were salary reduction contributions to the retirement plan.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. (a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. (b) Qualified Student Loan Payment.--Paragraph (4) of section 401(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Qualified student loan payment.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only-- ``(i) to the extent such payments in the aggregate for the year do not exceed an amount equal to-- ``(I) the limitation applicable under section 402(g) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) the elective deferrals made by the employee for such year, and ``(ii) if the employee certifies to the employer making the matching contribution under this paragraph that such payment has been made on such loan. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. (c) Matching Contributions for Qualified Student Loan Payments.-- Subsection (m) of section 401 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (13) as paragraph (14), and by inserting after paragraph (12) the following new paragraph: ``(13) Matching contributions for qualified student loan payments.-- ``(A) In general.--For purposes of paragraph (4)(A)(iii), an employer contribution made to a defined contribution plan on account of a qualified student loan payment shall be treated as a matching contribution for purposes of this title if-- ``(i) the plan provides matching contributions on account of elective deferrals at the same rate as contributions on account of qualified student loan payments, ``(ii) the plan provides matching contributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching contributions on account of elective deferrals, ``(iii) under the plan, all employees eligible to receive matching contributions on account of elective deferrals are eligible to receive matching contributions on account of qualified student loan payments, and ``(iv) the plan provides that matching contributions on account of qualified student loan payments vest in the same manner as matching contributions on account of elective deferrals. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(C) Employer may rely on employee certification.--The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).''. (d) Simple Retirement Accounts.--Paragraph (2) of section 408(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. (e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. (f) 457(b) Plans.--Subsection (b) of section 457 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13).''. (g) Regulatory Authority.--The Secretary of the Treasury (or such Secretary's delegate) shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations-- (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021. <all>

Retirement Parity for Student Loans Act

A bill to amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes.

Retirement Parity for Student Loans Act

Sen. Wyden, Ron

D

OR

This bill allows certain employer-sponsored retirement plans to make matching contributions for an employee's student loan payments as if the loan payments were salary reduction contributions to the retirement plan.

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. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(C) Employer may rely on employee certification.--The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).''. (d) Simple Retirement Accounts.--Paragraph (2) of section 408(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). (e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). (e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(C) Employer may rely on employee certification.--The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).''. (d) Simple Retirement Accounts.--Paragraph (2) of section 408(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). (e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. (g) Regulatory Authority.--The Secretary of the Treasury (or such Secretary's delegate) shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations-- (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. (a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(C) Employer may rely on employee certification.--The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).''. (d) Simple Retirement Accounts.--Paragraph (2) of section 408(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). (e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. (f) 457(b) Plans.--Subsection (b) of section 457 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13).''. (g) Regulatory Authority.--The Secretary of the Treasury (or such Secretary's delegate) shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations-- (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ( ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ( ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ( ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ( ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. a) In General.--Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ( e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

Retirement Parity for Student Loans Act - Amends the Internal Revenue Code to permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes. (Sec. 2) Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that any employer contribution made Amends the Internal Revenue Code to: (1) exempt from the definition of "qualified student loan payment" a payment made by an employee in repayment of a qualified education loan incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan; and (2) allow employers to establish reasonable

H.R.4371

Health

Chronic Condition Copay Elimination Act This bill requires health insurers to cover, without cost sharing, preventive items and services for certain chronic conditions, such as heart disease, diabetes, and asthma.

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Condition Copay Elimination Act''. SEC. 2. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. (a) ERISA.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 726. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan and a health insurance issuer offering group health insurance coverage shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(2) Diabetes. ``(3) Osteoporosis and osteopenia. ``(4) Hypertension. ``(5) Asthma. ``(6) Liver disease. ``(7) Bleeding disorders. ``(8) Depression. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(2) Application of updates.--The requirement under subsection (a) shall apply with respect to an update made under paragraph (1) beginning with the first plan year beginning after the date of such update.''. (2) Clerical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 725 the following new items: ``726. Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. (b) PHSA.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.), is amended by adding at the end the following new section: ``SEC. 2799A-11. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. ``(a) In General.--In addition to any item or service described in section 2713(a), a group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(2) Diabetes. ``(3) Osteoporosis and osteopenia. ``(4) Hypertension. ``(5) Asthma. ``(6) Liver disease. ``(7) Bleeding disorders. ``(8) Depression. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(2) Application of updates.--The requirement under subsection (a) shall apply with respect to an update made under paragraph (1) beginning with the first plan year beginning after the date of such update.''. (c) IRC.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9826. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(2) Diabetes. ``(3) Osteoporosis and osteopenia. ``(4) Hypertension. ``(5) Asthma. ``(6) Liver disease. ``(7) Bleeding disorders. ``(8) Depression. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(2) Application of updates.--The requirement under subsection (a) shall apply with respect to an update made under paragraph (1) beginning with the first plan year beginning after the date of such update.''. (2) Clerical amendment.--The table of contents for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: ``9826. Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. (3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act. <all>

Chronic Condition Copay Elimination Act

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes.

Chronic Condition Copay Elimination Act

Rep. Underwood, Lauren

D

IL

This bill requires health insurers to cover, without cost sharing, preventive items and services for certain chronic conditions, such as heart disease, diabetes, and asthma.

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other 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. is amended by adding at the end the following new section: ``SEC. 726. 300gg-11 et seq. 2799A-11. 9826. ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(2) Diabetes. ``(3) Osteoporosis and osteopenia. ``(4) Hypertension. ``(5) Asthma. ``(6) Liver disease. ``(7) Bleeding disorders. ``(8) Depression. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). (2) Clerical amendment.--The table of contents for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: ``9826. Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act.

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. SEC. 2. is amended by adding at the end the following new section: ``SEC. 726. 300gg-11 et seq. 9826. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(2) Diabetes. ``(3) Osteoporosis and osteopenia. ``(4) Hypertension. ``(5) Asthma. ``(6) Liver disease. ``(7) Bleeding disorders. ``(8) Depression. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act.

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Condition Copay Elimination Act''. SEC. 2. (a) ERISA.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 726. (2) Clerical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 725 the following new items: ``726. (b) PHSA.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq. 2799A-11. (c) IRC.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9826. ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(2) Diabetes. ``(3) Osteoporosis and osteopenia. ``(4) Hypertension. ``(5) Asthma. ``(6) Liver disease. ``(7) Bleeding disorders. ``(8) Depression. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(2) Application of updates.--The requirement under subsection (a) shall apply with respect to an update made under paragraph (1) beginning with the first plan year beginning after the date of such update.''. (2) Clerical amendment.--The table of contents for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: ``9826. Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. (3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act.

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Condition Copay Elimination Act''. SEC. 2. (a) ERISA.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 726. ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan and a health insurance issuer offering group health insurance coverage shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. (2) Clerical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 725 the following new items: ``726. (b) PHSA.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq. ), is amended by adding at the end the following new section: ``SEC. 2799A-11. ``(a) In General.--In addition to any item or service described in section 2713(a), a group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. (c) IRC.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9826. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(2) Diabetes. ``(3) Osteoporosis and osteopenia. ``(4) Hypertension. ``(5) Asthma. ``(6) Liver disease. ``(7) Bleeding disorders. ``(8) Depression. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(2) Application of updates.--The requirement under subsection (a) shall apply with respect to an update made under paragraph (1) beginning with the first plan year beginning after the date of such update.''. (2) Clerical amendment.--The table of contents for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: ``9826. Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. (3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act. <all>

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. ``(3) Osteoporosis and osteopenia. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. ( 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. ``(3) Osteoporosis and osteopenia. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. ( 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. ``(3) Osteoporosis and osteopenia. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. ( 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. COVERAGE OF ADDITIONAL PREVENTIVE CARE FOR INDIVIDUALS WITH CHRONIC CONDITIONS WITHOUT IMPOSITION OF COST SHARING REQUIREMENTS. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. ``(3) Osteoporosis and osteopenia. ``(c) Criteria Specified.--For purposes of subsection (a), the criteria specified in this subsection, with respect to an item or service and a chronic condition, are the following: ``(1) The item or service is low-cost. ``(2) There is medical evidence supporting high-cost efficiency, or a large expected impact, of the item or service in preventing exacerbation of the chronic condition or the development of a secondary condition. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(a) In General.--In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall, at a minimum, provide coverage for, and shall not impose any cost sharing requirements for, with respect to individuals with chronic conditions (as defined in subsection (b)), such additional preventive care and screenings not described in paragraph (1) of such section 2713(a) that are determined by the Secretary to meet the criteria specified in subsection (c) with respect to the chronic condition involved. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. ( 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). ``(d) Updates.-- ``(1) In general.--Once every three years, the Secretary shall review and update-- ``(A) the list of conditions included within the meaning of the term `chronic condition' under subsection (b); and ``(B) the items and services determined to meet the criteria specified in subsection (c) for purposes of subsection (a). Coverage of additional preventive care for individuals with chronic conditions without imposition of cost sharing requirements.''. (

To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirement, and for other purposes. ``(b) Chronic Condition Defined.--In this section, the term `chronic condition' has the meaning given such term by the Secretary and, at a minimum, includes the following conditions: ``(1) Heart disease, including congestive heart failure and coronary artery disease. ``(3) Osteoporosis and osteopenia. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. ``(3) There is a strong likelihood, documented by clinical evidence, that the item or service will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher-cost treatments. 3) High deductible health plans.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for additional preventive care for individuals with chronic conditions described in section 9826'' before the period. (

Chronic Condition Copay Elimination Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHSA), and the Internal Revenue Code to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for additional preventive care for individuals with chronic conditions without the imposition of cost sharing requirements. (Currently, Amends the Public Health Service Act to require a group health plan to provide coverage for, and not impose any cost sharing requirements for, additional preventive care and screenings not specified by the Secretary of Health and Human Services (HHS) for individuals with chronic conditions. Defines "chronic condition" to include heart disease, diabetes, obesity, osteoporosis, hypertension, asthma,

S.2497

Finance and Financial Sector

Nondebtor Release Prohibition Act of 2021 This bill addresses the release by bankruptcy courts of creditor or other third-party claims against non-debtors. Complex bankruptcies may involve third-party claims against non-debtors associated with the debtor, such as the debtor's officers, directors, or employees. Currently, in carrying out a bankruptcy plan, bankruptcy courts may release non-debtors from liability (there is a split in the judicial circuits regarding this practice). The bill generally prohibits a bankruptcy court from (1) releasing or modifying a non-debtor's liability through the approval of a bankruptcy plan or through an order, or (2) enjoining a judicial proceeding or other act to collect or otherwise enforce such a claim or cause of action against a non-debtor. However, the bill provides for the release of such liability if express consent is given by the third party. The bill also generally limits an order or decree to temporarily enjoin a proceeding against a non-debtor to 90 days. Additionally, the bill gives appellate jurisdiction to the appropriate U.S. court of appeals regarding an order or decree to temporarily enjoin or stay a proceeding against a non-debtor in a Chapter 11 reorganization bankruptcy case. Currently, U.S. district courts have appellate jurisdiction for these matters. Upon request of an interested party, and after notice and a hearing, the court shall dismiss a Chapter 11 reorganization bankruptcy case if the debtor was involved in certain restructuring activity that (1) had the intent or foreseeable effect of separating a debtor's assets from a debtor's liabilities and the debtor assuming or retaining such liabilities, and (2) occurred in the 10-year period prior to the filing of the bankruptcy petition.

To amend title 11, United States Code, to prohibit nonconsensual release of a nondebtor entity's liability to an entity other than the debtor, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nondebtor Release Prohibition Act of 2021''. SEC. 2. PROHIBITION OF NONDEBTOR RELEASES. (a) In General.--Chapter 1 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 113. Prohibition of nondebtor releases ``(a) Except as provided in subsection (b) of this section, subsections (a)(3), (g), (h), or (i) of section 524, section 1201, and section 1301, the court may not-- ``(1) with respect to the liability of an entity other than the debtor or the estate on, or the liability of property of an entity other than the debtor or the estate for, a claim or cause of action of an entity other than the debtor or the estate-- ``(A) approve any provision, in a plan of reorganization or otherwise, for the discharge, release, termination, or modification of such liability; or ``(B) order the discharge, release, termination, or modification of such liability; or ``(2) with respect to a claim or cause of action of an entity other than the debtor or the estate against an entity other than the debtor or the estate, or against property of an entity other than the debtor or the estate, enjoin-- ``(A) the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding to assert, assess, collect, recover, offset, recoup, or otherwise enforce such claim or cause of action; or ``(B) any act to assert, assess, collect, recover, offset, recoup, or otherwise enforce such claim or cause of action. ``(b) Nothing in subsection (a) of this section shall affect any power the court may have-- ``(1) to authorize a sale, transfer, or other disposition of property free and clear of claims or interests; ``(2) to prevent an entity other than the debtor or the estate from exercising control over or otherwise interfering with a right or interest (including a claim or cause of action) that is property of the estate; ``(3) to bar a claim or cause of action for indemnity, reimbursement, contribution, or subrogation against an entity that the estate has released from a claim or cause of action for which the holder of the barred claim or cause of action also is or may be liable or has or may have secured; ``(4) under applicable nonbankruptcy law, title 28, or the Federal Rules of Bankruptcy Procedure, with respect to any claim or cause of action the court is hearing under section 157(a) or 1334(b) of title 28; ``(5) to approve any disposition of a claim or cause of action of an entity other than the debtor or the estate to which such entity expressly consents in a signed writing provided that-- ``(A) such consent is given only after clear and conspicuous notice to such entity of the proposed disposition in language appropriate for the typical holder of such claim or cause of action; ``(B) such consent cannot be given by-- ``(i) accepting a proposed plan; or ``(ii) failing to accept or reject a proposed plan, failing to object to a proposed plan, or any other silence or inaction; and ``(C) treatment of such entity, and any claims or interests of such entity, under a plan cannot be more or less favorable by reason of such entity's consent or failure to consent; or ``(6) to enjoin the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding against an entity appointed or employed (or whose appointment or employment was approved) by or under the auspices of the court, in another court and without leave of the court, with respect to acts or omissions for which the entity was so appointed or employed. ``(c) In a case under chapter 11 of this title, no order or decree temporarily staying or enjoining, pursuant to this title, the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding to assert, assess, collect, recover, offset, recoup, or otherwise enforce a claim or cause of action against an entity other than the debtor or the estate against an entity other than the debtor or the estate, or against property of an entity other than the debtor or the estate, shall extend (or be extended) beyond 90 days after the date of the order for relief without the express consent of the entity whose claim or cause of action is stayed or enjoined. ``(d) Nothing in subsection (b) or (c) shall be construed to authorize relief within the scope of subsection (b) or (c).''. (b) Clerical Amendment.--The table of sections for chapter 1 of title 11, United States Code, is amended by adding at the end the following: ``113. Prohibition of nondebtor releases.''. SEC. 3. APPEAL OF NONDEBTOR STAYS. Section 158 of title 28, United States Code, is amended-- (1) in subsection (a), by striking ``The'' and inserting ``Except as provided in subsection (d)(3), the''; and (2) by inserting after subsection (d)(2) the following: ``(3)(A) The appropriate court of appeals shall have jurisdiction of appeals from all orders and decrees (whether interlocutory or final) temporarily staying or enjoining (or increasing the duration of any temporary stay or injunction of) the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding to assert, assess, collect, recover, offset, recoup, or otherwise enforce a claim or cause of action of an entity other than the debtor or the estate against an entity other than the debtor or the estate, or against property of an entity other than the debtor or the estate, entered in a case under chapter 11 of title 11 by-- ``(i) a bankruptcy judge under section 157 of this title; or ``(ii) a district court under section 1334 of this title. ``(B) If an appeal is taken under subparagraph (A), the stay order or decree shall immediately terminate and dissolve and be of no further force or effect 90 days after its issuance by the bankruptcy judge or district court, unless the appeal is dismissed or the court of appeals affirms the stay order or decree before that date.''. SEC. 4. DIVISIONAL MERGERS. Section 1112 of title 11, United States Code, is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) On a request of a party in interest, and after notice and a hearing, the court shall dismiss a case under this chapter if the debtor or a predecessor of the debtor was the subject of, or was formed or organized in connection with a divisional merger or equivalent transaction or restructuring that-- ``(1) had the intent or foreseeable effect of-- ``(A) separating material assets from material liabilities of an entity eligible to be a debtor under this title; and ``(B) assigning or allocating all or a substantial portion of those liabilities to the debtor, or the debtor assuming or retaining all or a substantial portion of those liabilities; and ``(2) occurred during the 10-year period preceding the date of the filing of the petition.''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to independently grant the court authority to issue nondebtor releases, injunctions, or stays in connection with an order for relief under chapter 11 of title 11, United States Code, or in connection with an order confirming a plan of reorganization, nor shall anything in this Act or such amendments be construed to imply that any other provision of title 11 of such Code or of nonbankruptcy law grants such authority. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to any case under title 11, United States Code, that is-- (1) pending in bankruptcy as of the date of the enactment of this Act; or (2) filed or reopened on or after the date of the enactment of this Act. (b) Validity of Final Orders.--Nothing in this Act, or the amendments made by this Act, shall affect the validity of any final judgment, order, or decree as applied under section 158 of title 28, United States Code, entered before the date of the enactment of this Act. <all>

Nondebtor Release Prohibition Act of 2021

A bill to amend title 11, United States Code, to prohibit nonconsensual release of a nondebtor entity's liability to an entity other than the debtor, and for other purposes.