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Economics and Public Finance

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE IN DEFICIT PROHIBITED UNDER RECONCILIATION DIRECTIVES. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''. <all>

This bill prohibits congressional budget resolutions from including reconciliation instructions that would cause a net increase in the deficit for the period of fiscal years covered by the resolution. (Reconciliation instructions generally direct congressional committees to report legislation to achieve certain budgetary goals by changing laws that affect spending, revenue, or the debt limit. The legislation is then considered by Congress using expedited legislative procedures, which limit debate and amendments.)

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE IN DEFICIT PROHIBITED UNDER RECONCILIATION DIRECTIVES. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''. <all>

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE IN DEFICIT PROHIBITED UNDER RECONCILIATION DIRECTIVES. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''. <all>

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE IN DEFICIT PROHIBITED UNDER RECONCILIATION DIRECTIVES. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''. <all>

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE IN DEFICIT PROHIBITED UNDER RECONCILIATION DIRECTIVES. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''. <all>

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

To amend the Congressional Budget Act of 1974 to establish that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution. Section 310(a) of the Congressional Budget Act of 1974 is amended-- (1) in paragraph (3) by striking ``or'' at the end; (2) in paragraph (4) by striking the period at the end and inserting ``; or''; and (3) by adding the following new paragraph at the end: ``(5) not specify in paragraphs (1) and (2), when taken together, amounts that would have the effect of increasing the deficit for the period of fiscal years covered by such resolution.''.

This bill prohibits a budget resolution from specifying amounts that would have the effect of increasing the deficit for the period of fiscal years covered by the resolution.

This bill prohibits a budget resolution from specifying amounts that would have the effect of increasing the deficit for the period of fiscal years covered by the resolution.

This bill establishes that a budget resolution may not specify amounts that would have the effect of increasing the deficit for the period of fiscal years covered by the resolution.

This bill prohibits a budget resolution from specifying amounts that would have the effect of increasing the deficit for the period of fiscal years covered by the resolution.

This bill establishes that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by the resolution.

This bill establishes that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by that resolution.

This bill prohibits a budget resolution from specifying amounts that would have the effect of increasing the deficit for the period of fiscal years covered by the resolution.

This bill establishes that reconciliation directives in a budget resolution may not cause a net increase in the deficit for the period of fiscal years covered by the resolution.

=-=-=-=-=-=-=-=- Be it enacted by the Senate and House of Representatives of the                United States of America in Congress assembled,                                SECTION 1. INCREASE IN DEFICIT PROHIBITED UNDER RECONCILIATION                 The United States Congress is authorized to enact an Act to prohibit a net increase in the deficit for the period of fiscal years covered by a budget resolution unless such increase is contained in the reconciliation directives in a resolution.To amend the Congressional Budget Act of 1974 to establish that                , the inclusion of the following                reconciliation or reconciliation directive in

Transportation and Public Works

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Doesn't Fly Act of 2022''. SEC. 2. PROHIBITION OF USE OF ICE ARREST WARRANTS AS IDENTIFICATION AT AVIATION SECURITY CHECKPOINTS. (a) In General.--Except as provided in subsection (b), the Administrator of the Transportation Security Administration may not accept a prohibited document as valid proof of identification at an aviation security checkpoint. (b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (c) Prohibited Document Defined.--In this section, the term ``prohibited document'' means any of the following: (1) Immigration and Customs Enforcement Form I-200, Warrant for Arrest of Alien (or any successor form). (2) Immigration and Customs Enforcement Form I-205, Warrant of Removal/Deportation (or any successor form). <all>

This bill prohibits the use of warrants for the arrest, removal, or deportation of an alien as proof of identity at an airport security checkpoint unless the alien is being removed from the United States pursuant to immigration laws.

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Doesn't Fly Act of 2022''. SEC. 2. PROHIBITION OF USE OF ICE ARREST WARRANTS AS IDENTIFICATION AT AVIATION SECURITY CHECKPOINTS. (a) In General.--Except as provided in subsection (b), the Administrator of the Transportation Security Administration may not accept a prohibited document as valid proof of identification at an aviation security checkpoint. (b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (c) Prohibited Document Defined.--In this section, the term ``prohibited document'' means any of the following: (1) Immigration and Customs Enforcement Form I-200, Warrant for Arrest of Alien (or any successor form). (2) Immigration and Customs Enforcement Form I-205, Warrant of Removal/Deportation (or any successor form). <all>

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Doesn't Fly Act of 2022''. SEC. 2. PROHIBITION OF USE OF ICE ARREST WARRANTS AS IDENTIFICATION AT AVIATION SECURITY CHECKPOINTS. (a) In General.--Except as provided in subsection (b), the Administrator of the Transportation Security Administration may not accept a prohibited document as valid proof of identification at an aviation security checkpoint. (b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (c) Prohibited Document Defined.--In this section, the term ``prohibited document'' means any of the following: (1) Immigration and Customs Enforcement Form I-200, Warrant for Arrest of Alien (or any successor form). (2) Immigration and Customs Enforcement Form I-205, Warrant of Removal/Deportation (or any successor form). <all>

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Doesn't Fly Act of 2022''. SEC. 2. PROHIBITION OF USE OF ICE ARREST WARRANTS AS IDENTIFICATION AT AVIATION SECURITY CHECKPOINTS. (a) In General.--Except as provided in subsection (b), the Administrator of the Transportation Security Administration may not accept a prohibited document as valid proof of identification at an aviation security checkpoint. (b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (c) Prohibited Document Defined.--In this section, the term ``prohibited document'' means any of the following: (1) Immigration and Customs Enforcement Form I-200, Warrant for Arrest of Alien (or any successor form). (2) Immigration and Customs Enforcement Form I-205, Warrant of Removal/Deportation (or any successor form). <all>

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Doesn't Fly Act of 2022''. SEC. 2. PROHIBITION OF USE OF ICE ARREST WARRANTS AS IDENTIFICATION AT AVIATION SECURITY CHECKPOINTS. (a) In General.--Except as provided in subsection (b), the Administrator of the Transportation Security Administration may not accept a prohibited document as valid proof of identification at an aviation security checkpoint. (b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (c) Prohibited Document Defined.--In this section, the term ``prohibited document'' means any of the following: (1) Immigration and Customs Enforcement Form I-200, Warrant for Arrest of Alien (or any successor form). (2) Immigration and Customs Enforcement Form I-205, Warrant of Removal/Deportation (or any successor form). <all>

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints, and for other purposes. b) Exception.--Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (

This bill prohibits the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at an aviation security checkpoint. The prohibition does not apply with respect to an alien who is being removed from the United States in accordance with immigration laws.

This bill prohibits the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints. The prohibition does not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws.

This bill prohibits the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at an aviation security checkpoint. The prohibition does not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws.

This bill prohibits the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at an aviation security checkpoint. The prohibition does not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws.

This bill prohibits the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at an aviation security checkpoint. The prohibition does not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws.

This bill prohibits the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at an aviation security checkpoint. The prohibition does not apply with respect to an alien who is being removed from the United States in accordance with immigration laws.

This bill prohibits the Transportation Security Administration (TSA) from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints. An alien who is being removed from the United States in accordance with immigration laws is subject to the same requirements as an individual who is lawfully present.

This bill prohibits the Transportation Security Administration (TSA) from accepting warrants for the arrest of aliens as valid proof of identification at aviation security checkpoints. Specifically, the TSA may not accept a warrant for an alien who is being removed from the United States in accordance with immigration laws.

To prohibit the Administrator of the Transportation Security                 Transportation Security Administration from accepting warrants for the arrest of aliens as                valid proof of identification at aviation security checkpoints, and for                 (a) (b) (c) (d) (e) (f) (g) (h) (i) (ii) (j) (iii) (iv) (v) (ix) (x) (y) (z) (w) (a), (b), (c), (d), (e), (f), (g), (j), (z), (

Government Operations and Politics

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman Day Act''. SEC. 2. HARRIET TUBMAN DAY. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''. <all>

This bill establishes Harriet Tubman Day as a federal holiday.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman Day Act''. SEC. 2. HARRIET TUBMAN DAY. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''. <all>

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman Day Act''. SEC. 2. HARRIET TUBMAN DAY. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''. <all>

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman Day Act''. SEC. 2. HARRIET TUBMAN DAY. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''. <all>

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman Day Act''. SEC. 2. HARRIET TUBMAN DAY. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''. <all>

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

To amend title 5, United States Code, to establish Harriet Tubman Day as a Federal holiday, and for other purposes. Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Washington's Birthday the following: ``Harriet Tubman Day.''.

This bill establishes Harriet Tubman Day as a federal holiday.

This bill establishes Harriet Tubman Day as a federal holiday.

This bill establishes Harriet Tubman Day as a federal holiday.

This bill establishes Harriet Tubman Day as a federal holiday.

This bill establishes Harriet Tubman Day as a federal holiday.

This bill establishes Harriet Tubman Day as a federal holiday.

This bill establishes Harriet Tubman Day as a federal holiday.

This bill establishes Harriet Tubman Day as a federal holiday.

To amend title 5, United States Code, to establish Harriet Tubman Day                 The United States of America in Congress assembled, as a Federal holiday, and for other purposes.▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬▬▬▬▬ ▬▬▬▬ೆ್ುೄೇೈೀೂ೜ೊೋೌೞೃ೅೚೏೉ೠ೙೐ೝ೪�

Science, Technology, Communications

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. Be it enacted by the Senate 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 Connections Act of 2022''. SEC. 2. DEFINITIONS. Except as otherwise provided in this Act, terms used in this Act that are defined in section 345(a) of the Communications Act of 1934, as added by section 4 of this Act, have the meanings given those terms in such section 345(a). SEC. 3. FINDINGS. Congress finds the following: (1) Domestic violence, dating violence, stalking, sexual assault, human trafficking, and related crimes are life- threatening issues and have lasting and harmful effects on individuals, families, and entire communities. (2) Survivors often lack meaningful support and options when establishing independence from an abuser, including barriers such as financial insecurity and limited access to reliable communications tools to maintain essential connections with family, social safety networks, employers, and support services. (3) Perpetrators of violence and abuse described in paragraph (1) increasingly use technological and communications tools to exercise control over, monitor, and abuse their victims. (4) Communications law can play a public interest role in the promotion of safety, life, and property with respect to the types of violence and abuse described in paragraph (1). For example, independent access to a wireless phone plan can assist survivors in establishing security and autonomy. (5) Safeguards within communications services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors of abuse. SEC. 4. PROTECTION OF DOMESTIC VIOLENCE SURVIVORS WITHIN COMMUNICATIONS SERVICES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 345. PROTECTION OF SURVIVORS OF DOMESTIC VIOLENCE, HUMAN TRAFFICKING, AND RELATED CRIMES. ``(a) Definitions.--In this section: ``(1) Abuser.--The term `abuser' means an individual who has committed or allegedly committed a covered act against-- ``(A) an individual who seeks relief under subsection (b); or ``(B) an individual in the care of an individual who seeks relief under subsection (b). ``(2) Covered act.-- ``(A) In general.--The term `covered act' means conduct that constitutes-- ``(i) a crime described in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)), including domestic violence, dating violence, sexual assault, stalking, and sex trafficking; ``(ii) an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or ``(iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii). ``(B) Conviction not required.--Nothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act. ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(4) Primary account holder.--The term `primary account holder' means an individual who is a party to a mobile service contract with a covered provider. ``(5) Shared mobile service contract.--The term `shared mobile service contract'-- ``(A) means a mobile service contract for an account that includes not less than 2 consumers; and ``(B) does not include enterprise services offered by a covered provider. ``(6) Survivor.--The term `survivor' means an individual who is not less than 18 years old and-- ``(A) against whom a covered act has been committed or allegedly committed; or ``(B) who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act). ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(2) Limitations on penalties, fees, and other requirements.--Except as provided in paragraphs (5) through (8), a covered provider may not make separation of a line from a shared mobile service contract under paragraph (1) contingent on any requirement other than the requirements under subsection (c), including-- ``(A) payment of a fee, penalty, or other charge; ``(B) maintaining contractual or billing responsibility of a separated line with the provider; ``(C) approval of separation by the primary account holder, if the primary account holder is not the survivor; ``(D) a prohibition or limitation, including one described in subparagraph (A), on number portability, provided such portability is technically feasible, or a request to change phone numbers; ``(E) a prohibition or limitation on the separation of lines as a result of arrears accrued by the account; ``(F) an increase in the rate charged for the mobile service plan of the primary account holder with respect to service on any remaining line or lines; or ``(G) any other limitation or requirement not listed under subsection (c). ``(3) Rule of construction.--Nothing in paragraph (2) shall be construed to require a covered provider to provide a rate plan for the primary account holder that is not otherwise commercially available. ``(4) Remote option.--A covered provider shall offer a survivor the ability to submit a line separation request under subsection (c) through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible. ``(5) Responsibility for transferred telephone numbers.-- Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. ``(6) Responsibility for transferred telephone numbers from a survivor's account.--Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number. ``(7) Responsibility for mobile device.--Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless otherwise ordered by a court, the survivor shall not assume financial responsibility for any mobile device associated with the separated line, unless the survivor purchased the mobile device, or affirmatively elects to maintain possession of the mobile device. ``(8) Notice to survivor.--If a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder. ``(c) Line Separation Request.-- ``(1) In general.--A survivor shall submit to the covered provider a line separation request that-- ``(A) verifies that an individual who uses a line under the shared mobile service contract has committed or allegedly committed a covered act against the survivor or an individual in the survivor's care, by providing-- ``(i) a copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person's employment; or ``(ii) a copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act; ``(B) in the case of relief sought under subsection (b)(1)(A), with respect to-- ``(i) a line used by the survivor that the survivor seeks to have separated, states that the survivor is the user of that specific line; and ``(ii) a line used by an individual in the care of the survivor that the survivor seeks to have separated, includes an affidavit setting forth that the individual-- ``(I) is in the care of the survivor; and ``(II) is the user of that specific line; and ``(C) requests relief under subparagraph (A) or (B) of subsection (b)(1) and identifies each line that should be separated. ``(2) Communications from covered providers.-- ``(A) In general.--A covered provider shall notify a survivor seeking relief under subsection (b) in clear and accessible language that the covered provider may contact the survivor, or designated representative of the survivor, to confirm the line separation, or if the covered provider is unable to complete the line separation for any reason, pursuant to subparagraphs (B) and (C). ``(B) Remote means.--A covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible. ``(C) Election of manner of contact.--When completing a line separation request submitted by a survivor through remote means under paragraph (1), a covered provider shall allow the survivor to elect in the manner in which the covered provider may-- ``(i) contact the survivor, or designated representative of the survivor, in response to the request, if necessary; or ``(ii) notify the survivor, or designated representative of the survivor, of the inability of the covered provider to complete the line separation. ``(3) Enhanced protections under state law.--This subsection shall not affect any law or regulation of a State providing communications protections for survivors (or any similar category of individuals) that has less stringent requirements for providing evidence of a covered act (or any similar category of conduct) than this subsection. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to prohibit a covered provider from maintaining, for longer than the period specified in that paragraph, a record that verifies that a survivor fulfilled the conditions of a line separation request under subsection (c). ``(e) Availability of Information to Consumers.--A covered provider shall make information about the options and process described in subsections (b) and (c) readily available to consumers-- ``(1) on the website and the mobile application of the provider; ``(2) in physical stores; and ``(3) in other forms of public-facing consumer communication. ``(f) Technical Infeasibility.-- ``(1) In general.--The requirement to effectuate a line separation request pursuant to subsection (b)(1) shall not apply to a covered provider if the covered provider cannot operationally or technically effectuate the request. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. ``(g) Liability Protection.-- ``(1) In general.--A covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with this section and the rules adopted to implement this section. ``(2) Commission authority.--Nothing in this subsection shall limit the authority of the Commission to enforce this section or any rules or regulations promulgated by the Commission pursuant to this section.''. SEC. 5. RULEMAKING ON PROTECTIONS FOR SURVIVORS OF DOMESTIC VIOLENCE. (a) Definitions.--In this section-- (1) the term ``Affordable Connectivity Program'' means the program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by section 60502 of the Infrastructure Investment and Jobs Act (Public Law 117-58), or any successor program; (2) the term ``appropriate congressional committees'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives; (3) the term ``Commission'' means the Federal Communications Commission; (4) the term ``covered hotline'' means a hotline related to domestic violence, dating violence, sexual assault, stalking, sex trafficking, severe forms of trafficking in persons, or any other similar act; (5) the term ``designated program'' means the program designated by the Commission under subsection (c)(3)(A)(i) to provide emergency communications support to survivors; (6) the term ``Lifeline program'' means the program set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation); and (7) the term ``text message'' has the meaning given the term in section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)). (b) Rulemakings.-- (1) Line separations.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Commission shall adopt rules to implement section 345 of the Communications Act of 1934, as added by section 4 of this Act. (B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) privacy protections; (ii) account security and fraud detection; (iii) account billing procedures; (iv) procedures for notification of survivors about line separation processes; (v) notice to account holders; (vi) situations in which a covered provider cannot operationally or technically separate a telephone number or numbers from a shared service plan such that the provider cannot effectuate a line separation request; (vii) the requirements for remote submission of a line separation request, including how that option facilitates submission of verification information and meets the other requirements of section 345 of the Communications Act of 1934, as added by section 4 of this Act; (viii) feasibility of remote options for small covered providers; (ix) implementation timelines, including those for small covered providers; (x) financial responsibility for transferred telephone numbers; (xi) whether and how the survivor can affirmatively elect to take financial responsibility for the mobile device associated with the separated line; (xii) compliance with subpart U of part 64 of title 47, Code of Federal Regulations, or any successor regulations (relating to customer proprietary network information) or any other legal or law enforcement requirements; and (xiii) ensuring covered providers have the necessary account information to comply with the rules and with section 345 of the Communications Act of 1934, as added by section 4 of this Act. (2) Emergency communications support for survivors.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, or as part of a general rulemaking proceeding relating to the Lifeline program or the Affordable Connectivity Program, whichever occurs earlier, the Commission shall adopt rules that-- (i) designate a single program, which shall be either the Lifeline program or the Affordable Connectivity Program, to provide emergency communications support to survivors in accordance with this paragraph; and (ii) allow a survivor who is suffering from financial hardship and meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, without regard to whether the survivor meets the otherwise applicable eligibility requirements of the designated program, to-- (I) enroll in the designated program as quickly as is feasible; and (II) participate in the designated program based on such qualifications for not more than 6 months. (B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and (ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program. (C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. (E) Notification.--A provider of wireless communications services that receives a line separation request pursuant to section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall inform the survivor who submitted the request of-- (i) the existence of the designated program; (ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and (iii) how to participate in the designated program under the rules described in clause (ii). (3) Hotline calls.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Commission shall commence a rulemaking proceeding to consider whether to, and how the Commission should-- (i) establish, and update on a monthly basis, a central database of covered hotlines to be used by providers of wireless communications services or wireline voice services; and (ii) require providers of wireless communications services or wireline voice services to omit from consumer-facing logs of calls or text messages any records of calls or text messages to covered hotlines in the central database described in clause (i), while maintaining internal records of those calls and messages. (B) Considerations.--The rulemaking conducted under subparagraph (A) shall include consideration of-- (i) the ability of law enforcement agencies or survivors to access a log of calls or text messages in a criminal investigation or civil proceeding; (ii) the ability of providers of wireless communication services or wireline voice services to-- (I) identify logs that are consumer-facing; and (II) omit certain consumer-facing logs, while maintaining internal records of such calls and text messages; and (iii) any other factors associated with the implementation of clauses (i) and (ii) to protect survivors of domestic violence, including factors that may impact smaller providers. (C) No effect on law enforcement.--Nothing in subparagraph (A) shall be construed to-- (i) limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation; or (ii) alter or otherwise expand provider requirements under the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat. 4279) or the amendments made by that Act. (D) Compliance.--If the Commission establishes a central database through the rulemaking under subparagraph (A) and a covered provider updates its own databases to match the central database not less frequently than once every 30 days, no cause of action shall lie or be maintained in any court against the covered provider or its officers, employees, or agents for claims deriving from omission from consumer-facing logs of calls or text messages any records of calls or text messages to covered hotlines in the central database. SEC. 6. EFFECTIVE DATE. The requirements under section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall take effect 60 days after the date on which the Federal Communications Commission adopts the rules implementing that section pursuant to section 5(b)(2) of this Act. SEC. 7. SAVINGS CLAUSE. Nothing in this Act or the amendments made by this Act shall be construed to abrogate, limit, or otherwise affect the provisions set forth in the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat. 4279) and the amendments made by that Act, any authority granted to the Commission pursuant to that Act or the amendments made by that Act, or any regulations promulgated by the Commission pursuant to that Act or the amendments made by that Act. Passed the Senate March 17, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 120 _______________________________________________________________________

This bill establishes requirements concerning access to communication services for survivors of domestic violence, human trafficking, and related harms. At a survivor's request, a mobile service provider must separate from a shared mobile service contract the survivor's line (and the line of any individual in the survivor's care) from the abuser's line unless separation is operationally or technologically infeasible. A survivor requesting this must (1) verify through appropriate documentation that an individual under the contract committed or allegedly committed an act of domestic violence, trafficking, or a related criminal act against the survivor; and (2) assume financial responsibility for services after a line separation. A provider may not charge fees or impose other requirements on such requests. Additionally, a provider must The bill (1) provides liability protection for providers' acts or omissions undertaken to comply with such requests, and (2) requires the Federal Communications Commission (FCC) to adopt rules for these requests. Additionally, the FCC must (1) expand access to federally subsidized communication services for survivors facing financial hardship, and (2) evaluate this expanded access. The FCC must also consider rules requiring communication service providers to omit from consumer-facing logs calls and texts to hotlines for domestic violence and similar issues while retaining internal records.

2. 4. 345. 7102) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or ``(iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii). ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(4) Primary account holder.--The term `primary account holder' means an individual who is a party to a mobile service contract with a covered provider. ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(5) Responsibility for transferred telephone numbers.-- Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. ``(B) Remote means.--A covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible. 5. RULEMAKING ON PROTECTIONS FOR SURVIVORS OF DOMESTIC VIOLENCE. 227(e)). (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. (D) Compliance.--If the Commission establishes a central database through the rulemaking under subparagraph (A) and a covered provider updates its own databases to match the central database not less frequently than once every 30 days, no cause of action shall lie or be maintained in any court against the covered provider or its officers, employees, or agents for claims deriving from omission from consumer-facing logs of calls or text messages any records of calls or text messages to covered hotlines in the central database. 6. SEC. 4279) and the amendments made by that Act, any authority granted to the Commission pursuant to that Act or the amendments made by that Act, or any regulations promulgated by the Commission pursuant to that Act or the amendments made by that Act.

2. 4. 345. 7102) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or ``(iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii). ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(5) Responsibility for transferred telephone numbers.-- Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. 5. RULEMAKING ON PROTECTIONS FOR SURVIVORS OF DOMESTIC VIOLENCE. (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. 6. SEC. 4279) and the amendments made by that Act, any authority granted to the Commission pursuant to that Act or the amendments made by that Act, or any regulations promulgated by the Commission pursuant to that Act or the amendments made by that Act.

SHORT TITLE. 2. DEFINITIONS. Congress finds the following: (1) Domestic violence, dating violence, stalking, sexual assault, human trafficking, and related crimes are life- threatening issues and have lasting and harmful effects on individuals, families, and entire communities. For example, independent access to a wireless phone plan can assist survivors in establishing security and autonomy. (5) Safeguards within communications services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors of abuse. 4. Part I of title III of the Communications Act of 1934 (47 U.S.C. 345. 7102) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or ``(iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii). ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(4) Primary account holder.--The term `primary account holder' means an individual who is a party to a mobile service contract with a covered provider. ``(6) Survivor.--The term `survivor' means an individual who is not less than 18 years old and-- ``(A) against whom a covered act has been committed or allegedly committed; or ``(B) who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act). ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(5) Responsibility for transferred telephone numbers.-- Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. ``(B) Remote means.--A covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. 5. RULEMAKING ON PROTECTIONS FOR SURVIVORS OF DOMESTIC VIOLENCE. 227(e)). (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. (D) Compliance.--If the Commission establishes a central database through the rulemaking under subparagraph (A) and a covered provider updates its own databases to match the central database not less frequently than once every 30 days, no cause of action shall lie or be maintained in any court against the covered provider or its officers, employees, or agents for claims deriving from omission from consumer-facing logs of calls or text messages any records of calls or text messages to covered hotlines in the central database. 6. SEC. 7. 4279) and the amendments made by that Act, any authority granted to the Commission pursuant to that Act or the amendments made by that Act, or any regulations promulgated by the Commission pursuant to that Act or the amendments made by that Act. Passed the Senate March 17, 2022.

SHORT TITLE. 2. DEFINITIONS. Congress finds the following: (1) Domestic violence, dating violence, stalking, sexual assault, human trafficking, and related crimes are life- threatening issues and have lasting and harmful effects on individuals, families, and entire communities. (2) Survivors often lack meaningful support and options when establishing independence from an abuser, including barriers such as financial insecurity and limited access to reliable communications tools to maintain essential connections with family, social safety networks, employers, and support services. For example, independent access to a wireless phone plan can assist survivors in establishing security and autonomy. (5) Safeguards within communications services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors of abuse. 4. Part I of title III of the Communications Act of 1934 (47 U.S.C. 345. 7102) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or ``(iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii). ``(B) Conviction not required.--Nothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act. ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(4) Primary account holder.--The term `primary account holder' means an individual who is a party to a mobile service contract with a covered provider. ``(6) Survivor.--The term `survivor' means an individual who is not less than 18 years old and-- ``(A) against whom a covered act has been committed or allegedly committed; or ``(B) who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act). ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(5) Responsibility for transferred telephone numbers.-- Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. ``(B) Remote means.--A covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. 5. RULEMAKING ON PROTECTIONS FOR SURVIVORS OF DOMESTIC VIOLENCE. 227(e)). (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. (D) Compliance.--If the Commission establishes a central database through the rulemaking under subparagraph (A) and a covered provider updates its own databases to match the central database not less frequently than once every 30 days, no cause of action shall lie or be maintained in any court against the covered provider or its officers, employees, or agents for claims deriving from omission from consumer-facing logs of calls or text messages any records of calls or text messages to covered hotlines in the central database. 6. SEC. 7. Nothing in this Act or the amendments made by this Act shall be construed to abrogate, limit, or otherwise affect the provisions set forth in the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat. 4279) and the amendments made by that Act, any authority granted to the Commission pursuant to that Act or the amendments made by that Act, or any regulations promulgated by the Commission pursuant to that Act or the amendments made by that Act. Passed the Senate March 17, 2022.

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. 4) Communications law can play a public interest role in the promotion of safety, life, and property with respect to the types of violence and abuse described in paragraph (1). (5) Safeguards within communications services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors of abuse. ``(a) Definitions.--In this section: ``(1) Abuser.--The term `abuser' means an individual who has committed or allegedly committed a covered act against-- ``(A) an individual who seeks relief under subsection (b); or ``(B) an individual in the care of an individual who seeks relief under subsection (b). ``(B) Conviction not required.--Nothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act. ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(3) Rule of construction.--Nothing in paragraph (2) shall be construed to require a covered provider to provide a rate plan for the primary account holder that is not otherwise commercially available. ``(4) Remote option.--A covered provider shall offer a survivor the ability to submit a line separation request under subsection (c) through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible. ``(5) Responsibility for transferred telephone numbers.-- Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. ``(6) Responsibility for transferred telephone numbers from a survivor's account.--Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number. ``(8) Notice to survivor.--If a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder. ``(2) Communications from covered providers.-- ``(A) In general.--A covered provider shall notify a survivor seeking relief under subsection (b) in clear and accessible language that the covered provider may contact the survivor, or designated representative of the survivor, to confirm the line separation, or if the covered provider is unable to complete the line separation for any reason, pursuant to subparagraphs (B) and (C). ``(C) Election of manner of contact.--When completing a line separation request submitted by a survivor through remote means under paragraph (1), a covered provider shall allow the survivor to elect in the manner in which the covered provider may-- ``(i) contact the survivor, or designated representative of the survivor, in response to the request, if necessary; or ``(ii) notify the survivor, or designated representative of the survivor, of the inability of the covered provider to complete the line separation. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. ``(f) Technical Infeasibility.-- ``(1) In general.--The requirement to effectuate a line separation request pursuant to subsection (b)(1) shall not apply to a covered provider if the covered provider cannot operationally or technically effectuate the request. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. ``(g) Liability Protection.-- ``(1) In general.--A covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with this section and the rules adopted to implement this section. b) Rulemakings.-- (1) Line separations.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Commission shall adopt rules to implement section 345 of the Communications Act of 1934, as added by section 4 of this Act. B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and (ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program. (C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. ( E) Notification.--A provider of wireless communications services that receives a line separation request pursuant to section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall inform the survivor who submitted the request of-- (i) the existence of the designated program; (ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and (iii) how to participate in the designated program under the rules described in clause (ii). (C) No effect on law enforcement.--Nothing in subparagraph (A) shall be construed to-- (i) limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation; or (ii) alter or otherwise expand provider requirements under the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat. Nothing in this Act or the amendments made by this Act shall be construed to abrogate, limit, or otherwise affect the provisions set forth in the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat. 4279) and the amendments made by that Act, any authority granted to the Commission pursuant to that Act or the amendments made by that Act, or any regulations promulgated by the Commission pursuant to that Act or the amendments made by that Act. Passed the Senate March 17, 2022.

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. 3) Perpetrators of violence and abuse described in paragraph (1) increasingly use technological and communications tools to exercise control over, monitor, and abuse their victims. ( ``(a) Definitions.--In this section: ``(1) Abuser.--The term `abuser' means an individual who has committed or allegedly committed a covered act against-- ``(A) an individual who seeks relief under subsection (b); or ``(B) an individual in the care of an individual who seeks relief under subsection (b). ``(B) Conviction not required.--Nothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act. ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(3) Rule of construction.--Nothing in paragraph (2) shall be construed to require a covered provider to provide a rate plan for the primary account holder that is not otherwise commercially available. ``(5) Responsibility for transferred telephone numbers.-- Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers. ``(7) Responsibility for mobile device.--Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless otherwise ordered by a court, the survivor shall not assume financial responsibility for any mobile device associated with the separated line, unless the survivor purchased the mobile device, or affirmatively elects to maintain possession of the mobile device. ``(2) Communications from covered providers.-- ``(A) In general.--A covered provider shall notify a survivor seeking relief under subsection (b) in clear and accessible language that the covered provider may contact the survivor, or designated representative of the survivor, to confirm the line separation, or if the covered provider is unable to complete the line separation for any reason, pursuant to subparagraphs (B) and (C). ``(B) Remote means.--A covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible. ``(C) Election of manner of contact.--When completing a line separation request submitted by a survivor through remote means under paragraph (1), a covered provider shall allow the survivor to elect in the manner in which the covered provider may-- ``(i) contact the survivor, or designated representative of the survivor, in response to the request, if necessary; or ``(ii) notify the survivor, or designated representative of the survivor, of the inability of the covered provider to complete the line separation. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. ``(g) Liability Protection.-- ``(1) In general.--A covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with this section and the rules adopted to implement this section. b) Rulemakings.-- (1) Line separations.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Commission shall adopt rules to implement section 345 of the Communications Act of 1934, as added by section 4 of this Act. B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and (ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program. ( C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. ( E) Notification.--A provider of wireless communications services that receives a line separation request pursuant to section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall inform the survivor who submitted the request of-- (i) the existence of the designated program; (ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and (iii) how to participate in the designated program under the rules described in clause (ii). ( (C) No effect on law enforcement.--Nothing in subparagraph (A) shall be construed to-- (i) limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation; or (ii) alter or otherwise expand provider requirements under the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat. Nothing in this Act or the amendments made by this Act shall be construed to abrogate, limit, or otherwise affect the provisions set forth in the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat.

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(7) Responsibility for mobile device.--Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless otherwise ordered by a court, the survivor shall not assume financial responsibility for any mobile device associated with the separated line, unless the survivor purchased the mobile device, or affirmatively elects to maintain possession of the mobile device. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. ( C) No effect on law enforcement.--Nothing in subparagraph (A) shall be construed to-- (i) limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation; or (ii) alter or otherwise expand provider requirements under the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat.

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(3) Covered provider.--The term `covered provider' means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d). ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(4) Remote option.--A covered provider shall offer a survivor the ability to submit a line separation request under subsection (c) through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible. ``(6) Responsibility for transferred telephone numbers from a survivor's account.--Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number. ``(8) Notice to survivor.--If a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder. ``(C) Election of manner of contact.--When completing a line separation request submitted by a survivor through remote means under paragraph (1), a covered provider shall allow the survivor to elect in the manner in which the covered provider may-- ``(i) contact the survivor, or designated representative of the survivor, in response to the request, if necessary; or ``(ii) notify the survivor, or designated representative of the survivor, of the inability of the covered provider to complete the line separation. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. ``(g) Liability Protection.-- ``(1) In general.--A covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with this section and the rules adopted to implement this section. B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and (ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program. ( C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. ( E) Notification.--A provider of wireless communications services that receives a line separation request pursuant to section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall inform the survivor who submitted the request of-- (i) the existence of the designated program; (ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and (iii) how to participate in the designated program under the rules described in clause (ii). ( Nothing in this Act or the amendments made by this Act shall be construed to abrogate, limit, or otherwise affect the provisions set forth in the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat.

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(b) Separation of Lines From Shared Mobile Service Contract.-- ``(1) In general.--Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- ``(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or ``(B) separate the line of the abuser from the shared mobile service contract. ``(7) Responsibility for mobile device.--Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless otherwise ordered by a court, the survivor shall not assume financial responsibility for any mobile device associated with the separated line, unless the survivor purchased the mobile device, or affirmatively elects to maintain possession of the mobile device. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. (D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. ( C) No effect on law enforcement.--Nothing in subparagraph (A) shall be construed to-- (i) limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation; or (ii) alter or otherwise expand provider requirements under the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat.

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(4) Remote option.--A covered provider shall offer a survivor the ability to submit a line separation request under subsection (c) through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible. ``(6) Responsibility for transferred telephone numbers from a survivor's account.--Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number. ``(8) Notice to survivor.--If a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder. ``(d) Confidential and Secure Treatment of Personal Information.-- ``(1) In general.--Notwithstanding section 222(c)(2), a covered provider and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and (ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program. ( C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. ( E) Notification.--A provider of wireless communications services that receives a line separation request pursuant to section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall inform the survivor who submitted the request of-- (i) the existence of the designated program; (ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and (iii) how to participate in the designated program under the rules described in clause (ii). ( Nothing in this Act or the amendments made by this Act shall be construed to abrogate, limit, or otherwise affect the provisions set forth in the Communications Assistance for Law Enforcement Act (Public Law 103-414; 108 Stat.

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. ( D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. (

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(6) Responsibility for transferred telephone numbers from a survivor's account.--Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and (ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program. ( C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. ( E) Notification.--A provider of wireless communications services that receives a line separation request pursuant to section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall inform the survivor who submitted the request of-- (i) the existence of the designated program; (ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and (iii) how to participate in the designated program under the rules described in clause (ii). (

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(2) Notification.--If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall-- ``(A) notify the survivor who submitted the request of that infeasibility-- ``(i) at the time of the request; or ``(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and ``(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service. C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. ( D) Rule of construction.--Nothing in this paragraph shall be construed to limit the ability of a survivor who meets the requirements under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, to participate in the designated program indefinitely if the survivor otherwise qualifies for the designated program under the rules of the designated program. (

To prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes. ``(6) Responsibility for transferred telephone numbers from a survivor's account.--Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number. B) Considerations.--In adopting rules under subparagraph (A), the Commission shall consider-- (i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and (ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program. ( C) Evaluation.--Not later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall-- (i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program; (ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively. ( E) Notification.--A provider of wireless communications services that receives a line separation request pursuant to section 345 of the Communications Act of 1934, as added by section 4 of this Act, shall inform the survivor who submitted the request of-- (i) the existence of the designated program; (ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and (iii) how to participate in the designated program under the rules described in clause (ii). (

This bill requires the Federal Communications Commission (FCC) to establish a task force to study and report on the misuse of communications services that facilitate domestic violence, stalking, sexual assault, human trafficking, and related crimes. Specifically, the task force must report on (1) the extent to which communications services facilitate the use of such services by perpetrators of such crimes, and (2) the types of communications tools that are used to facilitate such crimes.

This bill requires the Federal Communications Commission (FCC) to take certain actions to prevent and respond to the misuse of communications services that facilitate domestic violence and other crimes. Specifically, the FCC must (1) prohibit the use of a communications service that facilitates domestic violence, dating violence, stalking, sexual assault, human trafficking, or related crimes; and (2) require the FCC to establish an interagency task force to study and report on issues related to such misuse.

This bill requires a provider of a private mobile service or commercial mobile service to (1) separate the line of a survivor of domestic violence from the abuser's line, and (2) transfer billing responsibilities for and rights to a telephone number or numbers to the survivor.

This bill requires certain mobile service providers (i.e., providers of private mobile service or commercial mobile service) to separate the lines of survivors of domestic violence and their abusers from their shared mobile service contracts. Specifically, a provider must (1) separate the line of the survivor and the abuser from the shared service contract, and (2) notify the survivor within two business days of receiving a completed line separation request. The bill also requires the Federal Communications Commission (FCC) to establish a central database of providers that provide services to survivors of sexual assault and domestic violence. The FCC must also establish a program for survivors

This bill requires a provider of a private mobile service or commercial mobile service to (1) separate the line of a survivor and the abuser from a shared mobile service contract, or (2) separate a survivor's line from the abuser's line. The bill also requires the Federal Communications Commission (FCC) to establish a central database of records of calls or text messages to central hotlines for victims of domestic violence and human trafficking. The FCC must also establish a program to allow a survivor to enroll in the program if the survivor is 18 years of age or older and is a party to a mobile service agreement with a

This bill requires private mobile service providers (i.e., providers of private mobile services or commercial mobile service) that provide services to individuals who are victims of domestic violence, dating violence, stalking, sexual assault, human trafficking, and related crimes to (1) separate the lines of the survivor and the abuser from their shared mobile service contracts, or (2) separate their lines from each other. The bill also establishes a designated program to allow survivors to participate in the designated program indefinitely if they meet certain requirements.

This bill establishes a program to allow survivors of domestic violence to request that a provider separate their lines from those of their abuser. The bill also requires a provider to transfer billing responsibilities for and rights to a telephone number or numbers to a survivor in response to a line separation request.

This bill requires certain providers of private mobile service or commercial mobile service to (1) separate the lines of a survivor and an individual in the survivor's care from the shared mobile service contract, or (2) separate a line of the abuser from the contract. The bill also requires the Federal Communications Commission (FCC) to establish a program to provide financial relief to survivors who elect to separate their lines.

To prevent and respond to the misuse of communications services that                 (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34

Government Operations and Politics

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Elections Act of 2021''. SEC. 2. DISPARATE BURDEN TEST. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``(c) In determining whether members of a class of citizens have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice, a court shall consider whether-- ``(1) the challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens protected by subsection (a); and ``(2) the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.''. <all>

This bill requires courts, when hearing challenges to election laws, to consider whether the law has a disparate impact on members of a protected class of citizens. Specifically, the bill requires courts to consider whether (1) the challenged standard, practice, or procedure imposes a disparate burden on members of a protected class of citizens; and (2) the disparate burden is related to social and historical conditions that produce discrimination against members of the protected class.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Elections Act of 2021''. SEC. 2. DISPARATE BURDEN TEST. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``(c) In determining whether members of a class of citizens have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice, a court shall consider whether-- ``(1) the challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens protected by subsection (a); and ``(2) the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.''. <all>

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Elections Act of 2021''. SEC. 2. DISPARATE BURDEN TEST. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``(c) In determining whether members of a class of citizens have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice, a court shall consider whether-- ``(1) the challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens protected by subsection (a); and ``(2) the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.''. <all>

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Elections Act of 2021''. SEC. 2. DISPARATE BURDEN TEST. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``(c) In determining whether members of a class of citizens have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice, a court shall consider whether-- ``(1) the challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens protected by subsection (a); and ``(2) the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.''. <all>

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Elections Act of 2021''. SEC. 2. DISPARATE BURDEN TEST. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``(c) In determining whether members of a class of citizens have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice, a court shall consider whether-- ``(1) the challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens protected by subsection (a); and ``(2) the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.''. <all>

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To clarify the disparate burden test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

This bill revises the disparate burden test for determining whether members of a class of citizens have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. Specifically, the bill requires a court to consider whether (1) the challenged standard, practice, or procedure imposes a disparate burden on members of such a class, and (2) such disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against such members.

This bill requires courts to consider whether a challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens when determining whether members of that class have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.

This bill requires a court to consider whether a challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens if the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.

This bill requires a court to consider whether a standard, practice, or procedure imposes a disparate burden on members of a class of citizens if the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against such members.

This bill requires a court to consider whether a challenged standard, practice, or procedure imposes a disparate burden on members of a class of citizens if the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.

This bill requires a court to consider whether a standard, practice, or procedure imposes a disparate burden on members of a class of citizens if the disparate burden is in part caused by or related to social and historical conditions that produce or produced discrimination against members of the protected class.

This bill revises the disparate burden test to require the Department of Health and Human Services (HHS) to determine whether a state or local government is subject to a disparate burden rule that requires HHS to provide certain services to individuals with disabilities. Specifically, HHS must determine whether the burden test is applicable to a state, local government, or nonprofit organization that is not subject to such a rule.

This bill revises the disparate burden test to require the Department of Health and Human Services (HHS) to consider the impact of a disparate burden on an individual's health, well-being, or safety. Specifically, the bill requires HHS to consider, among other factors, the impact on the individual's life, health, safety, or security, and on the ability of the individual to access health care.

To clarify the disparate burden test, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=---=-=-=-=-=-=-=-=-=-=-+=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=---=-=-=--=-=-=-==-=-=-_=-_--=-=---=-=--=-_---=-=-_------=-=-- ----- ---—-- ------------- -—- ----- -- --- - --- -- --- --- ----- - -- - -- -- -- - - ---- - ----- -- ---- --

Commerce

To amend the small business laws to create certain requirements with respect to the SBIR and STTR 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 ``Encouraging Small Business Innovation Act''. SEC. 2. INCLUSION OF TESTING AND EVALUATION FOR ALL FEDERAL AGENCIES. Section 9(gg) of the Small Business Act (15 U.S.C. 638(gg)) is amended-- (1) in the subsection heading, by striking ``Pilot Program'' and inserting ``Testing, Evaluation, and Commercialization''; (2) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``establish a program to'' after ``may''; (3) in paragraph (2)(A), by striking ``pilot program'' each place that term appears and inserting ``covered program''; (4) in paragraph (3), by striking ``pilot program'' and inserting ``covered program''; (5) in paragraph (4), by striking ``pilot program'' and inserting ``covered program''; (6) in paragraph (6), by striking ``pilot program'' and inserting ``covered program''; and (7) by striking paragraphs (7) and (8) and inserting the following: ``(7) Definitions.--In this subsection-- ``(A) the term `covered Federal agency' means a Federal agency participating in the SBIR program or the STTR program; and ``(B) the term `covered program' means a program established under paragraph (1).''. SEC. 3. INCLUSION OF SMALL BUSINESS INVESTMENT COMPANIES IN SBIR AND STTR. Section 9 of the Small Business Act (15 U.S.C. 638) is amended-- (1) by striking ``or private equity firm investment'' each place that term appears and inserting ``private equity firm, or SBIC investment''; (2) by striking ``or private equity firms'' each place that term appears and inserting ``private equity firms, or SBICs''; (3) in subsection (e)-- (A) in paragraph (13)(B), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(15) the term `SBIC' means a small business investment company as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662).''; and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. SEC. 4. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following: ``(E) Investments in sbir and sttr participants.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `cost' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and ``(II) the term `SBIR or STTR participant' means a small business concern that receives contracts or grants pursuant to section 9 of the Small Business Act (15 U.S.C. 638). ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(iii) Limitations.-- ``(I) Amount of exclusion.--The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. ``(III) Other terms.--The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved.''. SEC. 5. ANNUAL MEETING FOR FEDERAL AGENCIES WITH A SBIR OR STTR PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. SEC. 6. INCREASING PARTICIPATION OF UNDERSERVED POPULATIONS IN THE SBIR AND STTR PROGRAMS. (a) In General.--Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. (b) Conforming Amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking ``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''. <all>

This bill expands and otherwise revises certain requirements for Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs. Specifically, it includes small business investment companies (SBICs) in such programs. SBICs are included as a type of investor whose investment must be considered for various purposes under the programs. The bill requires the Small Business Administration (SBA), when calculating the outstanding leverage of an SBIC, to exclude investments made in SBIR and STTR participants. Under current law, SBICs are subject to a limit on their outstanding leverage. Finally, the bill sets forth provisions to increase participation of states to which a low level of SBIR awards have historically been awarded.

SHORT TITLE. 2. 638(gg)) is amended-- (1) in the subsection heading, by striking ``Pilot Program'' and inserting ``Testing, Evaluation, and Commercialization''; (2) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``establish a program to'' after ``may''; (3) in paragraph (2)(A), by striking ``pilot program'' each place that term appears and inserting ``covered program''; (4) in paragraph (3), by striking ``pilot program'' and inserting ``covered program''; (5) in paragraph (4), by striking ``pilot program'' and inserting ``covered program''; (6) in paragraph (6), by striking ``pilot program'' and inserting ``covered program''; and (7) by striking paragraphs (7) and (8) and inserting the following: ``(7) Definitions.--In this subsection-- ``(A) the term `covered Federal agency' means a Federal agency participating in the SBIR program or the STTR program; and ``(B) the term `covered program' means a program established under paragraph (1).''. 662). ''; and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. ``(III) Other terms.--The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved.''. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. SEC. INCREASING PARTICIPATION OF UNDERSERVED POPULATIONS IN THE SBIR AND STTR PROGRAMS.

SHORT TITLE. 2. 638(gg)) is amended-- (1) in the subsection heading, by striking ``Pilot Program'' and inserting ``Testing, Evaluation, and Commercialization''; (2) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``establish a program to'' after ``may''; (3) in paragraph (2)(A), by striking ``pilot program'' each place that term appears and inserting ``covered program''; (4) in paragraph (3), by striking ``pilot program'' and inserting ``covered program''; (5) in paragraph (4), by striking ``pilot program'' and inserting ``covered program''; (6) in paragraph (6), by striking ``pilot program'' and inserting ``covered program''; and (7) by striking paragraphs (7) and (8) and inserting the following: ``(7) Definitions.--In this subsection-- ``(A) the term `covered Federal agency' means a Federal agency participating in the SBIR program or the STTR program; and ``(B) the term `covered program' means a program established under paragraph (1).''. 662). ''; and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. ``(III) Other terms.--The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved.''. Section 9 of the Small Business Act (15 U.S.C. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. SEC.

To amend the small business laws to create certain requirements with respect to the SBIR and STTR 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 ``Encouraging Small Business Innovation Act''. 2. INCLUSION OF TESTING AND EVALUATION FOR ALL FEDERAL AGENCIES. 638(gg)) is amended-- (1) in the subsection heading, by striking ``Pilot Program'' and inserting ``Testing, Evaluation, and Commercialization''; (2) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``establish a program to'' after ``may''; (3) in paragraph (2)(A), by striking ``pilot program'' each place that term appears and inserting ``covered program''; (4) in paragraph (3), by striking ``pilot program'' and inserting ``covered program''; (5) in paragraph (4), by striking ``pilot program'' and inserting ``covered program''; (6) in paragraph (6), by striking ``pilot program'' and inserting ``covered program''; and (7) by striking paragraphs (7) and (8) and inserting the following: ``(7) Definitions.--In this subsection-- ``(A) the term `covered Federal agency' means a Federal agency participating in the SBIR program or the STTR program; and ``(B) the term `covered program' means a program established under paragraph (1).''. 662). ''; and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following: ``(E) Investments in sbir and sttr participants.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `cost' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and ``(II) the term `SBIR or STTR participant' means a small business concern that receives contracts or grants pursuant to section 9 of the Small Business Act (15 U.S.C. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(iii) Limitations.-- ``(I) Amount of exclusion.--The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. ``(III) Other terms.--The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved.''. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. SEC. INCREASING PARTICIPATION OF UNDERSERVED POPULATIONS IN THE SBIR AND STTR PROGRAMS. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''.

To amend the small business laws to create certain requirements with respect to the SBIR and STTR 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 ``Encouraging Small Business Innovation Act''. SEC. 2. INCLUSION OF TESTING AND EVALUATION FOR ALL FEDERAL AGENCIES. Section 9(gg) of the Small Business Act (15 U.S.C. 638(gg)) is amended-- (1) in the subsection heading, by striking ``Pilot Program'' and inserting ``Testing, Evaluation, and Commercialization''; (2) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``establish a program to'' after ``may''; (3) in paragraph (2)(A), by striking ``pilot program'' each place that term appears and inserting ``covered program''; (4) in paragraph (3), by striking ``pilot program'' and inserting ``covered program''; (5) in paragraph (4), by striking ``pilot program'' and inserting ``covered program''; (6) in paragraph (6), by striking ``pilot program'' and inserting ``covered program''; and (7) by striking paragraphs (7) and (8) and inserting the following: ``(7) Definitions.--In this subsection-- ``(A) the term `covered Federal agency' means a Federal agency participating in the SBIR program or the STTR program; and ``(B) the term `covered program' means a program established under paragraph (1).''. SEC. 3. INCLUSION OF SMALL BUSINESS INVESTMENT COMPANIES IN SBIR AND STTR. Section 9 of the Small Business Act (15 U.S.C. 638) is amended-- (1) by striking ``or private equity firm investment'' each place that term appears and inserting ``private equity firm, or SBIC investment''; (2) by striking ``or private equity firms'' each place that term appears and inserting ``private equity firms, or SBICs''; (3) in subsection (e)-- (A) in paragraph (13)(B), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(15) the term `SBIC' means a small business investment company as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662).''; and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. SEC. 4. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following: ``(E) Investments in sbir and sttr participants.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `cost' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and ``(II) the term `SBIR or STTR participant' means a small business concern that receives contracts or grants pursuant to section 9 of the Small Business Act (15 U.S.C. 638). ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(iii) Limitations.-- ``(I) Amount of exclusion.--The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. ``(III) Other terms.--The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved.''. SEC. 5. ANNUAL MEETING FOR FEDERAL AGENCIES WITH A SBIR OR STTR PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. SEC. 6. INCREASING PARTICIPATION OF UNDERSERVED POPULATIONS IN THE SBIR AND STTR PROGRAMS. (a) In General.--Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. (b) Conforming Amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking ``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''. <all>

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. This Act may be cited as the ``Encouraging Small Business Innovation Act''. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. ( b) Conforming Amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking ``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''.

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. a) In General.--Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. (

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. a) In General.--Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. (

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. This Act may be cited as the ``Encouraging Small Business Innovation Act''. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. ( b) Conforming Amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking ``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''.

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. a) In General.--Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. (

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. This Act may be cited as the ``Encouraging Small Business Innovation Act''. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. ( b) Conforming Amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking ``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''.

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. a) In General.--Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. (

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. This Act may be cited as the ``Encouraging Small Business Innovation Act''. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. ``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. ( b) Conforming Amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking ``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''.

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. and (4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''. CALCULATION OF LEVERAGE OF SMALL BUSINESS INVESTMENT COMPANIES THAT INVEST IN SBIR OR STTR PARTICIPANTS. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. a) In General.--Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows: ``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''. (

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes. ``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year. 638) is amended by adding at the end the following: ``(vv) Annual Meeting.-- ``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods-- ``(A) to improve the collection of data under this section; ``(B) to improve the reporting of data to the Administrator under this section; ``(C) to make the application processes for programs under this section more efficient; and ``(D) to increase participation in the programs under this section. ``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''. ( b) Conforming Amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking ``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''.

This bill expands the Small Business Innovation Research (SBIR) pilot program to include testing, evaluation, and commercialization for all federal agencies.

This bill expands the Small Business Innovation Research (SBIR) pilot program to include private equity firms and certain small business investment companies. Specifically, the bill requires the SBIR program to establish a program to (1) test, evaluate, and commercialize new technologies for small businesses, and (2) provide technical assistance to such small businesses.

This bill requires the Small Business Administration (SBA) to establish a pilot program to test, evaluate, and commercialize technologies that are developed by federal agencies and private equity firms. Specifically, the SBA must establish a program to (1) test and evaluate the feasibility and feasibility of the technology, and (2) commercialize the technology. The SBA may not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20% of the private capital of that company.

This bill establishes a pilot program for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The SBIR and STTR programs allow federal agencies to test, evaluate, and commercialize new products and services. The bill also requires federal agencies that participate in the programs to meet annually to discuss the implementation of the program.

This bill expands the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs to include federal agencies participating in the SBIR and STTR programs. Specifically, the bill requires federal agencies that participate in the programs to (1) establish a program to test, evaluate, and commercialize new technologies; and (2) make investments in SBIRs or STTR participants in an amount equal to no more than 20% of the private capital of the company.

This bill expands the Small Business Innovation Research (SBIR) pilot program to include testing, evaluation, and commercialization (STTR) programs. Specifically, the bill allows federal agencies to participate in the SBIR program or the STTR program if they are participating in a pilot program. The bill also allows private equity firms and certain small business investment companies to invest in SBIRs or STTR participants.

This bill revises the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Specifically, the bill (1) requires SBIR and STTR programs to be administered by federal agencies, and (2) requires federal agencies to use a portion of the funds for outreach and technical assistance.

This bill revises the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Specifically, the bill (1) requires the SBIR and STTR programs to be administered by federal agencies, and (2) requires each federal agency to meet annually to discuss methods to improve the collection of data under the programs, improve the reporting of data to the SBA, and increase participation in the programs.

To amend the small business laws to create certain requirements with                 The United States of America in Congress assembled, and for other purposes, and to make it enacted by the United States Senate and House of Representatives of the                United States of                                 (a) and                        (b) the Small Business and Innovation and Entrepreneurship (Small Business and Entrepreneurial Innovation and Productivity (SBIR and STTR) Act, as amended, by the following: ``(1) Definitions.--In this subsection-- ``(A) the term `covered Federal

Transportation and Public Works

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Americans From Executive Reach in Travel Act'' or the ``SAFER Travel Act''. SEC. 2. PROHIBITION ON IMPOSITION OF FEDERAL VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. SEC. 3. PROHIBITION ON PUBLIC AND PRIVATE VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, no entity engaged in the operation of any public or private transportation for hire that is subject to regulation by the Federal Government may require an individual to be vaccinated against COVID-19 as a term or condition of travel. SEC. 4. PROHIBITION ON PERIOD OF MANDATORY QUARANTINE. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation. <all>

This bill prohibits executive branch agencies and private entities from imposing a vaccine mandate against COVID-19 on individuals traveling within the United States on commercial public or private transportation, including air, rail, commercial motor vehicles, vessels, or other public or private forms of transportation. Additionally, the bill prohibits executive branch agencies from requiring a citizen or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Americans From Executive Reach in Travel Act'' or the ``SAFER Travel Act''. SEC. 2. PROHIBITION ON IMPOSITION OF FEDERAL VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. SEC. 3. PROHIBITION ON PUBLIC AND PRIVATE VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, no entity engaged in the operation of any public or private transportation for hire that is subject to regulation by the Federal Government may require an individual to be vaccinated against COVID-19 as a term or condition of travel. SEC. 4. PROHIBITION ON PERIOD OF MANDATORY QUARANTINE. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation. <all>

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Americans From Executive Reach in Travel Act'' or the ``SAFER Travel Act''. SEC. 2. PROHIBITION ON IMPOSITION OF FEDERAL VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. SEC. 3. PROHIBITION ON PUBLIC AND PRIVATE VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, no entity engaged in the operation of any public or private transportation for hire that is subject to regulation by the Federal Government may require an individual to be vaccinated against COVID-19 as a term or condition of travel. SEC. 4. PROHIBITION ON PERIOD OF MANDATORY QUARANTINE. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation. <all>

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Americans From Executive Reach in Travel Act'' or the ``SAFER Travel Act''. SEC. 2. PROHIBITION ON IMPOSITION OF FEDERAL VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. SEC. 3. PROHIBITION ON PUBLIC AND PRIVATE VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, no entity engaged in the operation of any public or private transportation for hire that is subject to regulation by the Federal Government may require an individual to be vaccinated against COVID-19 as a term or condition of travel. SEC. 4. PROHIBITION ON PERIOD OF MANDATORY QUARANTINE. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation. <all>

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Americans From Executive Reach in Travel Act'' or the ``SAFER Travel Act''. SEC. 2. PROHIBITION ON IMPOSITION OF FEDERAL VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. SEC. 3. PROHIBITION ON PUBLIC AND PRIVATE VACCINATION REQUIREMENT FOR TRAVEL. Notwithstanding any other provision of law, no entity engaged in the operation of any public or private transportation for hire that is subject to regulation by the Federal Government may require an individual to be vaccinated against COVID-19 as a term or condition of travel. SEC. 4. PROHIBITION ON PERIOD OF MANDATORY QUARANTINE. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation. <all>

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

To prohibit the Federal Government from imposing a vaccine mandate on individuals traveling on public or private transportation for hire within the United States, and for other purposes. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other public or private form of transportation. Notwithstanding any other provision of law, an Executive agency (as defined in section 105 of title 5, United States Code) may not issue, implement, or enforce any regulation, requirement, guidance, or other directive that requires a citizen of the United States or lawful permanent resident of the United States to enter into a period of quarantine related to COVID-19 after having traveled on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other such public or private transportation.

This bill prohibits the federal government from issuing, implementing, or enforcing any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or any other form of transportation. Additionally, the bill prohibits an executive agency from requiring a U.S. citizen or lawful permanent resident to enter into a period of quarantine related to the virus after having traveled on such transportation.

This bill prohibits the federal government from requiring an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the government, including air, rail, commercial motor vehicle, vessel, or other form of transportation. Further, the bill prohibits an executive agency from requiring a U.S. citizen or lawful permanent resident to enter into a quarantine related to the virus after having traveled on such transportation.

This bill prohibits the federal government from requiring an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other form of transportation. The bill also prohibits an executive agency from requiring a U.S. citizen or lawful permanent resident to enter into a period of quarantine related to the virus after having traveled on such transportation.

This bill prohibits an executive agency from issuing, implementing, or enforcing any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the federal government, including air, rail, commercial motor vehicle, vessel, or any other form of transportation.

This bill prohibits the federal government from requiring an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other form of transportation. The bill also prohibits an executive agency from requiring a U.S. citizen or lawful permanent resident to enter into a period of quarantine after having traveled on such transportation.

This bill prohibits the federal government from issuing, implementing, or enforcing any regulation, requirement, guidance, or other directive that requires an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the government.

This bill prohibits the federal government from requiring a U.S. citizen or lawful permanent resident to enter into a period of quarantine related to COVID-19 (i.e., coronavirus disease 2019) after having traveled on commercial public or private transportation.

This bill prohibits the federal government from requiring an individual to be vaccinated against COVID-19 as a condition to travel within the United States on any commercial public or private transportation subject to regulation by the Federal Government, including air, rail, commercial motor vehicle, vessel, or other form of transportation.

To prohibit the Federal Government from imposing a vaccine mandate on                 individuals traveling on public or private transportation for hire �  󾌂 �   �  for travel within the United States, and for other purposes. SHORT TITLE.݁ ݁݁݁́̀̀ ́ ̄ ̅ ̃̃ ̂ ̆ ̈ ̇ ̍ ̀

Taxation

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Gains Inflation Relief Act of 2021''. SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by redesignating section 1023 as section 1024 and by inserting after section 1022 the following new section: ``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(3) Written documentation requirement.--Paragraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) any common stock in a C corporation (other than a foreign corporation), ``(B) any digital asset, or ``(C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Stock in certain foreign corporations included.--For purposes of this section-- ``(A) In general.--The term `indexed asset' includes common stock in a foreign corporation which is regularly traded on an established securities market. ``(B) Exception.--Subparagraph (A) shall not apply to-- ``(i) stock of a foreign investment company, ``(ii) stock in a passive foreign investment company (as defined in section 1296), ``(iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and ``(iv) stock in a foreign personal holding company. ``(C) Treatment of american depository receipts.-- An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. ``(3) Digital asset.--For purposes of this section, the term `digital asset' means any natively electronic asset which-- ``(A) is recorded on a cryptographically secured distributed ledger, and ``(B) is designed to confer only economic or access rights. ``(c) Indexed Basis.--For purposes of this section-- ``(1) General rule.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. The percentage under subparagraph (B) shall be rounded to the nearest \1/10\ of 1 percentage point. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(d) Suspension of Holding Period Where Diminished Risk of Loss; Treatment of Short Sales.-- ``(1) In general.--If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset, such asset shall not be treated as an indexed asset for the period of such reduced risk. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. ``(B) Short sale period.--For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. ``(e) Treatment of Regulated Investment Companies and Real Estate Investment Trusts.-- ``(1) Adjustments at entity level.-- ``(A) In general.--Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). ``(B) Exception for corporate shareholders.--Under regulations-- ``(i) in the case of a distribution by a qualified investment entity (directly or indirectly) to a corporation-- ``(I) the determination of whether such distribution is a dividend shall be made without regard to this section, and ``(II) the amount treated as gain by reason of the receipt of any capital gain dividend shall be increased by the percentage by which the entity's net capital gain for the taxable year (determined without regard to this section) exceeds the entity's net capital gain for such year determined with regard to this section, and ``(ii) there shall be other appropriate adjustments (including deemed distributions) so as to ensure that the benefits of this section are not allowed (directly or indirectly) to corporate shareholders of qualified investment entities. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). ``(ii) Other taxes.--This section shall not apply for purposes of determining the amount of any tax imposed by paragraph (4), (5), or (6) of section 857(b). ``(2) Adjustments to interests held in entity.-- ``(A) Regulated investment companies.--Stock in a regulated investment company (within the meaning of section 851) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the average of the fair market values of the indexed assets held by such company at the close of each month during such quarter, bears to ``(ii) the average of the fair market values of all assets held by such company at the close of each such month. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(C) Ratio of 80 percent or more.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 80 percent or more, such ratio for such quarter shall be 100 percent. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(E) Look-thru of partnerships.--For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. ``(3) Treatment of return of capital distributions.--Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. ``(4) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(B) Special rule in the case of section 754 elections.--In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect-- ``(i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and ``(ii) with respect to the transferee partner, the partnership's holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. This section shall not apply for purposes of determining the amount of any tax imposed by section 1374 or 1375. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Indexing adjustment disregarded in determining loss on sale of interest in entity.--Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(i) Special Rules.--For purposes of this section-- ``(1) Treatment of improvements, etc.--If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation-- ``(A) such addition shall never be taken into account under subsection (c)(1)(A) if the aggregate amount thereof during the taxable year with respect to such property or stock is less than $1,000, and ``(B) such addition shall be treated as a separate asset acquired at the close of such taxable year if the aggregate amount thereof during the taxable year with respect to such property or stock is $1,000 or more. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(j) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 1023 and by inserting after the item relating to section 1022 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss. ``Sec. 1023. Cross references.''. (c) Effective Date.--The amendments made by this section shall apply to indexed assets acquired by the taxpayer after December 31, 2021, in taxable years ending after such date. <all>

This bill allows the adjusted basis of certain assets (including any common stock in a C corporation, any digital asset, and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of a taxpayer (other than a corporation) who has held the asset for more than three years. The bill sets forth rules for applying the inflation adjustment to The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill.

SHORT TITLE. SEC. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(C) Treatment of american depository receipts.-- An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. 1022. Indexing of certain assets for purposes of determining gain or loss. 1023.

SHORT TITLE. SEC. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. 1022. Indexing of certain assets for purposes of determining gain or loss. 1023.

SHORT TITLE. SEC. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(C) Treatment of american depository receipts.-- An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). ``(2) Adjustments to interests held in entity.-- ``(A) Regulated investment companies.--Stock in a regulated investment company (within the meaning of section 851) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the average of the fair market values of the indexed assets held by such company at the close of each month during such quarter, bears to ``(ii) the average of the fair market values of all assets held by such company at the close of each such month. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 1023 and by inserting after the item relating to section 1022 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss. 1023. Cross references.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Gains Inflation Relief Act of 2021''. SEC. ``(2) Exception for depreciation, etc.--The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(3) Written documentation requirement.--Paragraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. ``(C) Treatment of american depository receipts.-- An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. ``(3) Digital asset.--For purposes of this section, the term `digital asset' means any natively electronic asset which-- ``(A) is recorded on a cryptographically secured distributed ledger, and ``(B) is designed to confer only economic or access rights. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). ``(2) Adjustments to interests held in entity.-- ``(A) Regulated investment companies.--Stock in a regulated investment company (within the meaning of section 851) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the average of the fair market values of the indexed assets held by such company at the close of each month during such quarter, bears to ``(ii) the average of the fair market values of all assets held by such company at the close of each such month. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(3) Treatment of return of capital distributions.--Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(j) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 1023 and by inserting after the item relating to section 1022 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss. 1023. Cross references.''.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(3) Written documentation requirement.--Paragraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. ``(3) Digital asset.--For purposes of this section, the term `digital asset' means any natively electronic asset which-- ``(A) is recorded on a cryptographically secured distributed ledger, and ``(B) is designed to confer only economic or access rights. ``(c) Indexed Basis.--For purposes of this section-- ``(1) General rule.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. ``(B) Short sale period.--For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(C) Ratio of 80 percent or more.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 80 percent or more, such ratio for such quarter shall be 100 percent. ``(3) Treatment of return of capital distributions.--Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. ``(4) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. Indexing of certain assets for purposes of determining gain or loss. Cross references.''. (

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ( ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) any common stock in a C corporation (other than a foreign corporation), ``(B) any digital asset, or ``(C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(B) Exception.--Subparagraph (A) shall not apply to-- ``(i) stock of a foreign investment company, ``(ii) stock in a passive foreign investment company (as defined in section 1296), ``(iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and ``(iv) stock in a foreign personal holding company. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(E) Look-thru of partnerships.--For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Indexing adjustment disregarded in determining loss on sale of interest in entity.--Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ( ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) any common stock in a C corporation (other than a foreign corporation), ``(B) any digital asset, or ``(C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(B) Exception.--Subparagraph (A) shall not apply to-- ``(i) stock of a foreign investment company, ``(ii) stock in a passive foreign investment company (as defined in section 1296), ``(iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and ``(iv) stock in a foreign personal holding company. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(E) Look-thru of partnerships.--For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Indexing adjustment disregarded in determining loss on sale of interest in entity.--Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(3) Written documentation requirement.--Paragraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. ``(3) Digital asset.--For purposes of this section, the term `digital asset' means any natively electronic asset which-- ``(A) is recorded on a cryptographically secured distributed ledger, and ``(B) is designed to confer only economic or access rights. ``(c) Indexed Basis.--For purposes of this section-- ``(1) General rule.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. ``(B) Short sale period.--For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(C) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(C) Ratio of 80 percent or more.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 80 percent or more, such ratio for such quarter shall be 100 percent. ``(3) Treatment of return of capital distributions.--Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. ``(4) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. Indexing of certain assets for purposes of determining gain or loss. Cross references.''. (

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ( ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) any common stock in a C corporation (other than a foreign corporation), ``(B) any digital asset, or ``(C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(B) Exception.--Subparagraph (A) shall not apply to-- ``(i) stock of a foreign investment company, ``(ii) stock in a passive foreign investment company (as defined in section 1296), ``(iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and ``(iv) stock in a foreign personal holding company. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. ``(D) Exception for certain taxes imposed at entity level.-- ``(i) Tax on failure to distribute entire gain.--If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(D) Ratio of 20 percent or less.--If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. ``(E) Look-thru of partnerships.--For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(4) Indexing adjustment disregarded in determining loss on sale of interest in entity.--Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(4) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) any common stock in a C corporation (other than a foreign corporation), ``(B) any digital asset, or ``(C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(4) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) any common stock in a C corporation (other than a foreign corporation), ``(B) any digital asset, or ``(C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. ``(2) Short sales.-- ``(A) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. ``(B) Real estate investment trusts.--Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as-- ``(i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to ``(ii) the fair market value of all assets held by such trust at the close of such quarter. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section.

This bill allows a taxpayer (other than a corporation) to determine gain or loss on the sale or other disposition of an indexed asset that has been held for more than three years by substituting the asset's indexed basis for its adjusted basis.

This bill requires the indexing of certain assets for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset that has been held for more than three years. The bill defines indexed asset as (1) any common stock in a C corporation, (2) any digital asset, or (3) any tangible property, which is a capital asset or property used in the trade or business. The tax deduction for depreciation, depletion, and amortization shall be determined without regard to the application of this bill to the taxpayer or any other person.

This bill modifies the tax treatment of certain taxable assets for purposes of determining gain or loss. Specifically, the bill increases the tax rate on gains from investments in real estate investment trusts (REITs) and passes through pass-through entities (i.e., pass-thru entities). The bill also requires REITs to index their assets to the implicit price deflator for the gross domestic product (GDP) for each calendar quarter. The bill defines an index as the ratio of the fair market value of all assets held by a REIT to the GDP for any calendar quarter in the same ratio

This bill modifies the tax treatment of stock in pass-through entities (i.e., pass-thru entities). Specifically, the bill requires the tax deduction for depreciation, depletion, and amortization of such assets to be equal to the fair market value of all assets held by such entities at the close of each calendar quarter. The bill also requires the bill to apply an inflation adjustment to the adjusted gross domestic product (GDP) deflator for any calendar quarter, which is the implicit price deflator that is used to calculate the GDP for the preceding calendar quarter (as shown in the last revision

This bill modifies the tax treatment of investment gains and losses. Specifically, the bill treats investment gains, losses, and dispositions of stock in regulated investment companies, pass-through entities, real estate investment trusts, and other pass-thru entities as taxable assets. The bill defines taxable assets as assets held in a regulated investment company in the same ratio as the average of the fair market values of such assets held by the company at the close of each month during the quarter. The amount of such an adjustment is equal to 20% of the average fair market value of all assets held at the end of the quarter

This bill modifies the tax treatment of capital gains to increase the indexing adjustment for such gains. Specifically, the bill increases the adjusted basis of such gains by a specified percentage based on inflation. The bill defines adjusted basis as the ratio of the average of the fair market value of all assets held by the company at the end of a calendar quarter to the average value of the company's assets at the close of each month.

This bill establishes a method for determining the fair market value of certain assets for purposes of determining gain or loss. Specifically, the bill requires an indexing adjustment for any common stock in a C corporation (other than a foreign corporation), any digital asset, or any tangible property, which is a capital asset or property used in the trade or business, to be adjusted for inflation. The bill defines an indexed asset as an asset that (1) is held by a corporation, (2) is owned by a U.S. person, and (3) has been acquired by a taxpayer in a taxable year.

This bill provides for the indexing of certain assets for purposes of determining gain or loss on the sale or other disposition by a taxpayer of an indexed asset that has been held for more than three years. The bill defines indexed asset as any natively electronic asset that is recorded on a cryptographically secured distributed ledger and is designed to confer only economic or access rights.

To amend the Internal Revenue Code of 1986 to provide for the indexing                                , ``(1) General Rule.-- ``(2) Exception for depreciation, depletion, and amortization.-- ``(3) Written documentation requirement.--Paragraph (1)                 (a) for purposes of determining gain or loss on the sale or other                (b) of an indexed asset, ``(4) for the purpose of determining loss or gain on a taxable asset for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. ``(A) In general

Finance and Financial Sector

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. Be it enacted by the Senate 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 Flood Insurance Program Affordability Act''. SEC. 2. MEANS-TESTED ASSISTANCE FOR NATIONAL FLOOD INSURANCE PROGRAM POLICYHOLDERS. (a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (b) Discounts.--The Administrator shall use amounts provided under this section to establish graduated discounts available to eligible policyholders under this section, with respect to covered properties, such that the chargeable premium rate for an eligible policyholder that applies for assistance under this section may not exceed 1 percent of the area median income for the area in which the property to which the policy applies is located. (c) Application.--To receive assistance under this Act, an eligible policyholder shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may reasonably require and assistance will no longer be available when the amounts appropriated pursuant to subsection (f) have been expended for a fiscal year. (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. (e) Report.--Not later than 1 year after the date of the enactment of this section, the Administrator shall submit to the Congress, a report that-- (1) addresses the feasibility of making eligibility for assistance under the program established under this Act based on a consideration of an eligible policyholder's principal, interest, taxes, and insurance instead of household income as a percent of area medium income; and (2) outlines how the Administrator could use income eligibility for other Federal programs to determine eligibility for participation in the program established under this Act. (f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). (2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). SEC. 3. MONTHLY INSTALLMENT PAYMENT FOR PREMIUMS. Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Covered property.--The term ``covered property'' means-- (A) a primary residential dwelling designed; or (B) personal property relating to a dwelling described in subparagraph (A). (3) Eligible policyholder.--The term ``eligible policyholder'' means-- (A) a person who-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) has a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located; (B) a business with not more than 100 employees that-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) satisfies the hardship metric published by the Administrator under section 2; or (C) a not-for-profit organization that-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) satisfies the hardship metric published by the Administrator under section 2. (4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a). <all>

This bill requires the Federal Emergency Management Agency (FEMA) to provide discounts on National Flood Insurance Program coverage to low-income households and other entities. Specifically, the chargeable premium rate for an eligible primary residential dwelling must not exceed 1% of the median income of the area in which the property is located.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. MEANS-TESTED ASSISTANCE FOR NATIONAL FLOOD INSURANCE PROGRAM POLICYHOLDERS. (b) Discounts.--The Administrator shall use amounts provided under this section to establish graduated discounts available to eligible policyholders under this section, with respect to covered properties, such that the chargeable premium rate for an eligible policyholder that applies for assistance under this section may not exceed 1 percent of the area median income for the area in which the property to which the policy applies is located. (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. (e) Report.--Not later than 1 year after the date of the enactment of this section, the Administrator shall submit to the Congress, a report that-- (1) addresses the feasibility of making eligibility for assistance under the program established under this Act based on a consideration of an eligible policyholder's principal, interest, taxes, and insurance instead of household income as a percent of area medium income; and (2) outlines how the Administrator could use income eligibility for other Federal programs to determine eligibility for participation in the program established under this Act. (f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). (2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). 3. MONTHLY INSTALLMENT PAYMENT FOR PREMIUMS. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Covered property.--The term ``covered property'' means-- (A) a primary residential dwelling designed; or (B) personal property relating to a dwelling described in subparagraph (A). (4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. MEANS-TESTED ASSISTANCE FOR NATIONAL FLOOD INSURANCE PROGRAM POLICYHOLDERS. (b) Discounts.--The Administrator shall use amounts provided under this section to establish graduated discounts available to eligible policyholders under this section, with respect to covered properties, such that the chargeable premium rate for an eligible policyholder that applies for assistance under this section may not exceed 1 percent of the area median income for the area in which the property to which the policy applies is located. (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. (f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). (2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). 3. MONTHLY INSTALLMENT PAYMENT FOR PREMIUMS. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. Be it enacted by the Senate 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 Flood Insurance Program Affordability Act''. 2. MEANS-TESTED ASSISTANCE FOR NATIONAL FLOOD INSURANCE PROGRAM POLICYHOLDERS. (b) Discounts.--The Administrator shall use amounts provided under this section to establish graduated discounts available to eligible policyholders under this section, with respect to covered properties, such that the chargeable premium rate for an eligible policyholder that applies for assistance under this section may not exceed 1 percent of the area median income for the area in which the property to which the policy applies is located. (c) Application.--To receive assistance under this Act, an eligible policyholder shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may reasonably require and assistance will no longer be available when the amounts appropriated pursuant to subsection (f) have been expended for a fiscal year. (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. (e) Report.--Not later than 1 year after the date of the enactment of this section, the Administrator shall submit to the Congress, a report that-- (1) addresses the feasibility of making eligibility for assistance under the program established under this Act based on a consideration of an eligible policyholder's principal, interest, taxes, and insurance instead of household income as a percent of area medium income; and (2) outlines how the Administrator could use income eligibility for other Federal programs to determine eligibility for participation in the program established under this Act. (f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). (2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). 3. MONTHLY INSTALLMENT PAYMENT FOR PREMIUMS. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Covered property.--The term ``covered property'' means-- (A) a primary residential dwelling designed; or (B) personal property relating to a dwelling described in subparagraph (A). (3) Eligible policyholder.--The term ``eligible policyholder'' means-- (A) a person who-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) has a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located; (B) a business with not more than 100 employees that-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) satisfies the hardship metric published by the Administrator under section 2; or (C) a not-for-profit organization that-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) satisfies the hardship metric published by the Administrator under section 2. (4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. Be it enacted by the Senate 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 Flood Insurance Program Affordability Act''. SEC. 2. MEANS-TESTED ASSISTANCE FOR NATIONAL FLOOD INSURANCE PROGRAM POLICYHOLDERS. (a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (b) Discounts.--The Administrator shall use amounts provided under this section to establish graduated discounts available to eligible policyholders under this section, with respect to covered properties, such that the chargeable premium rate for an eligible policyholder that applies for assistance under this section may not exceed 1 percent of the area median income for the area in which the property to which the policy applies is located. (c) Application.--To receive assistance under this Act, an eligible policyholder shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may reasonably require and assistance will no longer be available when the amounts appropriated pursuant to subsection (f) have been expended for a fiscal year. (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. (e) Report.--Not later than 1 year after the date of the enactment of this section, the Administrator shall submit to the Congress, a report that-- (1) addresses the feasibility of making eligibility for assistance under the program established under this Act based on a consideration of an eligible policyholder's principal, interest, taxes, and insurance instead of household income as a percent of area medium income; and (2) outlines how the Administrator could use income eligibility for other Federal programs to determine eligibility for participation in the program established under this Act. (f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). (2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). SEC. 3. MONTHLY INSTALLMENT PAYMENT FOR PREMIUMS. Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Covered property.--The term ``covered property'' means-- (A) a primary residential dwelling designed; or (B) personal property relating to a dwelling described in subparagraph (A). (3) Eligible policyholder.--The term ``eligible policyholder'' means-- (A) a person who-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) has a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located; (B) a business with not more than 100 employees that-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) satisfies the hardship metric published by the Administrator under section 2; or (C) a not-for-profit organization that-- (i) is a national flood insurance program policyholder on or after the date of the enactment of this Act; and (ii) satisfies the hardship metric published by the Administrator under section 2. (4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a). <all>

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. ( 2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. ( 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). ( Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). ( Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. ( 2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. ( 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). ( Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. ( 2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. ( 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). ( Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. ( 2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. ( 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( f) Appropriation.-- (1) In general.--There is appropriated, annually, to the Administrator, out of any money in the Treasury not otherwise appropriated, $250,000,000, to carry out the program established by the Administrator under subsection (a). ( Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

To establish a means-tested assistance program for national flood insurance program policyholders, and for other purposes. a) In General.--The Administrator of the Federal Emergency Management Agency shall, not later than 1 year after the date of the enactment of this Act, establish a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. ( (d) Rulemaking and Guidance.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue such regulations and guidance as the Administrator determines necessary to carry out this Act, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance under this Act. ( 2) Expenditure requirement.--The Administrator shall, each fiscal year, expend not less than 95 percent of the amount appropriated for such fiscal year under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (1) implement the requirement for monthly installment payments of premiums provided under section 1308(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)); or (2) submit to Congress an explanation of the reasons why the Administrator cannot implement the requirement described in paragraph (1) during that 180-day period. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. ( 4) Insurance costs.--The term ``insurance costs'' means, with respect to a covered property for a year-- (A) risk premiums and fees estimated under section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) and charged under section 1308 of such Act (42 U.S.C. 4015); (B) surcharges assessed under sections 1304 and 1308A of such Act (42 U.S.C. 4011, 4015a); and (C) any amount established under section 1310A(c) of such Act (42 U.S.C. 4017a).

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested assistance program for National Flood Insurance Program (NFIP) policyholders. Specifically, FEMA must establish graduated discounts available to NFIP policyholders, with respect to covered properties, such that the chargeable premium rate for such policyholders may not exceed 1% of the area median income for the area in which the property to which the policy applies is located. FEMA must issue regulations and guidance as necessary to carry out this program, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance.

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested assistance program for National Flood Insurance Program (NFIP) policyholders. Specifically, FEMA must establish graduated discounts available to NFIP policyholders, with respect to covered properties, that may not exceed 1% of the area median income for the area in which the property to which the policy applies is located. FEMA must issue regulations and guidance as necessary to carry out the program, including a hardship metric for small businesses and not-for-profit entities to qualify for NFIP assistance.

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested assistance program for National Flood Insurance Program (NFIP) policyholders. Specifically, FEMA must establish a program to provide NFIP policyholders with up to $1,000 per month in monthly installation payments for NFIP coverage. FEMA must also establish a hardship metric for small businesses and not-for-profit entities to qualify for assistance.

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested assistance program for National Flood Insurance Program (NFIP) policyholders. Specifically, FEMA must establish a program to provide assistance to NFIP policyholders whose primary residential dwelling is located in an area with a median household income of less than $50,000. FEMA must also establish graduated discounts for NFIP policies.

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested assistance program for National Flood Insurance Program (NFIP) policyholders. Specifically, FEMA must establish graduated discounts available to NFIP policyholders, with respect to covered properties, such that the chargeable premium rate may not exceed 1% of the area median income for the area in which the property to which the policy applies is located. FEMA must also issue regulations and guidance as necessary to carry out the program, including a hardship metric for small businesses and not-for-profit entities to qualify for assistance.

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested program to provide assistance to National Flood Insurance Program (NFIP) policyholders in the form of graduated discounts for insurance costs with respect to covered properties. Specifically, FEMA must use amounts provided under this bill to establish graduated discounts available to NFIP policyholders that may not exceed 1% of the area median income for the area in which the property to which the policy applies is located. FEMA must also implement the requirement for monthly installment payments of NFIP premiums, including a hardship metric for small businesses and not-for-profit entities

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested program under which FEMA provides assistance to eligible flood insurance policyholders in the form of graduated discounts for insurance costs with respect to covered properties. The bill also requires FEMA to implement the requirement for monthly installment payments of premiums provided under the program.

This bill requires the Federal Emergency Management Agency (FEMA) to establish a means-tested assistance program for National Flood Insurance Program (NFIP) policyholders. Specifically, FEMA must provide assistance to NFIP policyholders in the form of graduated discounts for NFIP insurance costs with respect to covered properties. FEMA must also implement the requirement for monthly installment payments of NFIP premiums.

To establish a means-tested assistance program for national flood                 The United States of America in Congress assembled, and for other purposes as the Administrator of the Federal Emergency                Management Agency may, not later than 1 year after the date of the                enactment of this Act, establish a program to provide assistance to eligible policyholders in the form                of graduated discounts for insurance costs with respect to covered                properties.果 (f) Appropriation.--                 (a) (b) (c) (d) (e) (f,f) (g

Social Welfare

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY ON ADMINISTRATIVE COSTS. (a) In General.--The Commissioner of Social Security shall conduct a study on ways to-- (1) lower administration costs by at least 15 percent; (2) protect current benefits; (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings; and (4) insure the solvency of the program. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. <all>

This bill requires the Social Security Administration (SSA) to study and report on ways to insure the solvency of the Social Security program while protecting current benefits. In its study, the SSA must address lowering administrative costs of the program and investigate means testing, flat benefits, and basing benefits on lifelong labor earnings.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY ON ADMINISTRATIVE COSTS. (a) In General.--The Commissioner of Social Security shall conduct a study on ways to-- (1) lower administration costs by at least 15 percent; (2) protect current benefits; (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings; and (4) insure the solvency of the program. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. <all>

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY ON ADMINISTRATIVE COSTS. (a) In General.--The Commissioner of Social Security shall conduct a study on ways to-- (1) lower administration costs by at least 15 percent; (2) protect current benefits; (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings; and (4) insure the solvency of the program. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. <all>

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY ON ADMINISTRATIVE COSTS. (a) In General.--The Commissioner of Social Security shall conduct a study on ways to-- (1) lower administration costs by at least 15 percent; (2) protect current benefits; (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings; and (4) insure the solvency of the program. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. <all>

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY ON ADMINISTRATIVE COSTS. (a) In General.--The Commissioner of Social Security shall conduct a study on ways to-- (1) lower administration costs by at least 15 percent; (2) protect current benefits; (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings; and (4) insure the solvency of the program. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. <all>

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

To direct the Commissioner of Social Security to conduct a study relating to administrative costs. b) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit a report on the results of the study under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

This bill requires the Social Security Administration to study ways to (1) lower administration costs by at least 15%; (2) protect current benefits; (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings; and (4) insure the solvency of the program.

This bill requires the Centers for Medicare & Medicaid Services to study ways to (1) lower administration costs by at least 15%, (2) protect current benefits, (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings, and (4) insure the solvency of the program.

This bill requires the Centers for Medicare & Medicaid Services (CMS) to study ways to (1) lower administration costs by at least 15%, (2) protect current benefits, (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings, and (4) insure the solvency of the program.

This bill requires the Social Security Administration to study ways to (1) lower administration costs by at least 15%, (2) protect current benefits, (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings, and (4) insure the solvency of the program.

This bill requires the Social Security Administration to study ways to (1) lower administration costs by at least 15%, (2) protect current benefits, (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings, and (4) insure the solvency of the program.

This bill requires the Social Security Administration to study ways to (1) lower administration costs by at least 15%, (2) protect current benefits, (3) investigate means testing, flat benefits, and basing benefits pay outs on lifelong labor earnings, and (4) insure the solvency of the program.

This bill requires the Social Security Administration to study the administrative costs of Social Security benefits.

This bill requires the Social Security Administration to study administrative costs related to Medicare and Medicaid.

To direct the Commissioner of Social Security to conduct a study                 (a) on ways to reduce administrative costs;                 (b) On ways to insure the solvency of the program; and                 (c) On how to improve the program.▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬ ▬▬▬▬ാ▬▬▬▬░░░░░░░▬▬▬▬░▬▬▬░░░░░░░▬▬░░░▬▬▬░░░▀▀▀░░░ ▼▬▬▬▬▒▒▒░░░▒▒░▒░░▒▓▒▒▓░░░ ▬▬

Law

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Injunction Reform Act of 2022''. SEC. 2. ORDERS PURPORTING TO RESTRAIN ENFORCEMENT OF FEDERAL LAW AGAINST NON-PARTIES. (a) In General.--Chapter 155 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2285. Orders purporting to restrain enforcement of Federal law against non-parties ``No court of the United States, except for the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, shall issue an order that purports to restrain the enforcement against a non-party of any Federal statute, Federal regulation, Federal order, or similar Federal authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.''. (b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''. <all>

This bill prohibits federal courts (except for the District Court for the District of Columbia, the Court of Appeals for the District of Columbia Circuit, and the U.S. Supreme Court) from issuing injunctive orders that bar enforcement of a federal law or policy against a nonparty, unless the nonparty is represented by a party in a class action lawsuit.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Injunction Reform Act of 2022''. SEC. 2. ORDERS PURPORTING TO RESTRAIN ENFORCEMENT OF FEDERAL LAW AGAINST NON-PARTIES. (a) In General.--Chapter 155 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2285. Orders purporting to restrain enforcement of Federal law against non-parties ``No court of the United States, except for the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, shall issue an order that purports to restrain the enforcement against a non-party of any Federal statute, Federal regulation, Federal order, or similar Federal authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.''. (b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''. <all>

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Injunction Reform Act of 2022''. SEC. 2. ORDERS PURPORTING TO RESTRAIN ENFORCEMENT OF FEDERAL LAW AGAINST NON-PARTIES. (a) In General.--Chapter 155 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2285. Orders purporting to restrain enforcement of Federal law against non-parties ``No court of the United States, except for the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, shall issue an order that purports to restrain the enforcement against a non-party of any Federal statute, Federal regulation, Federal order, or similar Federal authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.''. (b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''. <all>

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Injunction Reform Act of 2022''. SEC. 2. ORDERS PURPORTING TO RESTRAIN ENFORCEMENT OF FEDERAL LAW AGAINST NON-PARTIES. (a) In General.--Chapter 155 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2285. Orders purporting to restrain enforcement of Federal law against non-parties ``No court of the United States, except for the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, shall issue an order that purports to restrain the enforcement against a non-party of any Federal statute, Federal regulation, Federal order, or similar Federal authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.''. (b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''. <all>

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Injunction Reform Act of 2022''. SEC. 2. ORDERS PURPORTING TO RESTRAIN ENFORCEMENT OF FEDERAL LAW AGAINST NON-PARTIES. (a) In General.--Chapter 155 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2285. Orders purporting to restrain enforcement of Federal law against non-parties ``No court of the United States, except for the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, shall issue an order that purports to restrain the enforcement against a non-party of any Federal statute, Federal regulation, Federal order, or similar Federal authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.''. (b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''. <all>

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285.

To amend title 28, United States Code, to prohibit the issuance of national injunctions by courts other than the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court, and for other purposes. b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement of Federal law against non-parties.''.

This bill prohibits a court of the United States from issuing an order that purports to restrain the enforcement of any federal statute, federal regulation, federal order, or similar federal authority unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.

This bill prohibits federal courts from issuing injunctions that restrain the enforcement of federal law against non-parties unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.

This bill prohibits a federal court from issuing an order that purports to restrain the enforcement of any federal statute, federal regulation, federal order, or similar federal authority unless the nonparty is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.

This bill prohibits a federal court from issuing an order that purports to restrain the enforcement of any federal statute, federal regulation, federal order, or similar federal authority unless the nonparty is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.

This bill prohibits a court of the United States from issuing an order that purports to restrain the enforcement of any federal statute, federal regulation, federal order, or similar federal authority unless the nonparty is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.

This bill prohibits a court of the United States from issuing an order that purports to restrain the enforcement of any federal statute, federal regulation, federal order, or similar federal authority unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.

This bill prohibits the issuance of national injunctions by courts other than the U.S. District Court for the District of Columbia, the United States Court of Appeals for the D.C. Circuit, and the Supreme Court.

This bill prohibits courts other than the United States District Court for the District of Columbia, the U.S. Court of Appeals for the D.C. Circuit, and the Supreme Court from issuing injunctions that restrain enforcement of federal law against nonparties.

To amend title 28, United States Code, to prohibit the issuance of                 national injunctions by courts other than the United States District �Court for the District of Columbia, the United United States Court of Appeals                Appeals for the                United States Supreme Court, and to provide for the establishment of an                National Court for the purpose of enforcing Federal law, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-==-=-=-=-=-=-=-=-=-=--=-=-=--=-=--=-=-=-=-=-==-=--=-=-=-=-=-=-=-=-=-=-_=-

Armed Forces and National Security

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Incident Notification Act of 2021''. SEC. 2. CYBERSECURITY INTRUSION REPORTING CAPABILITIES. (a) In General.--Title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following: ``Subtitle C--Cybersecurity Intrusion Reporting Capabilities ``SEC. 2231. DEFINITIONS. ``In this subtitle: ``(1) Definitions from section 2201.--The definitions in section 2201 shall apply to this subtitle, except as otherwise provided. ``(2) Agency.--The term `Agency' means the Cybersecurity and Infrastructure Security Agency. ``(3) Appropriate congressional committees.--In this section, the term `appropriate congressional committees' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Select Committee on Intelligence of the Senate; ``(C) the Committee on the Judiciary of the Senate; ``(D) the Committee on Armed Services of the Senate; ``(E) the Committee on Homeland Security of the House of Representatives; ``(F) the Permanent Select Committee on Intelligence of the House of Representatives; ``(G) the Committee on the Judiciary of the House of Representatives; and ``(H) the Committee on Armed Services of the House of Representatives. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(5) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). ``(6) Cyber intrusion reporting capabilities.--The term `Cyber Intrusion Reporting Capabilities' means the cybersecurity intrusion reporting capabilities established under section 2232. ``(7) Cybersecurity notification.--The term `cybersecurity notification' means a notification of a cybersecurity intrusion, as defined in accordance with section 2233. ``(8) Director.--The term `Director' means the Director of the Cybersecurity and Infrastructure Security Agency. ``(9) Federal agency.--The term `Federal agency' has the meaning given the term `agency' in section 3502 of title 44, United States Code. ``(10) Federal contractor.--The term `Federal contractor'-- ``(A) means a contractor or subcontractor (at any tier) of the United States Government; and ``(B) does not include a contractor or subcontractor that holds only-- ``(i) service contracts to provide housekeeping or custodial services; or ``(ii) contracts to provide products or services unrelated to information technology below the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations, or any successor thereto). ``(11) Information technology.--The term `information technology' has the meaning given the term in section 11101 of title 40, United States Code. ``(12) Ransomware.--The term `ransomware' means any type of malicious software that prevents the legitimate owner or operator of an information system or network from accessing computer files, systems, or networks and demands the payment of a ransom for the return of such access. ``SEC. 2232. ESTABLISHMENT OF CYBERSECURITY INTRUSION REPORTING CAPABILITIES. ``(a) Designation.--The Agency shall be the designated agency within the Federal Government to receive cybersecurity notifications from other Federal agencies and covered entities in accordance with this subtitle. ``(b) Establishment.--Not later than 240 days after the date of enactment of this subtitle, the Director shall establish Cyber Intrusion Reporting Capabilities to facilitate the submission of timely, secure, and confidential cybersecurity notifications from Federal agencies and covered entities to the Agency. ``(c) Re-Evaluation of Security.--The Director shall re-evaluate the security of the Cyber Intrusion Reporting Capabilities not less frequently than once every 2 years. ``(d) Requirements.--The Cyber Intrusion Reporting Capabilities shall allow the Agency-- ``(1) to accept classified submissions and notifications; and ``(2) to accept a cybersecurity notification from any entity, regardless of whether the entity is a covered entity. ``(e) Limitations on Use of Information.--Any cybersecurity notification submitted to the Agency through the Cyber Intrusion Reporting Capabilities established under this section-- ``(1) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''), in accordance with subsection (b)(3)(B) of such section 552, and any State, Tribal, or local provision of law requiring disclosure of information or records; and ``(2) may not be-- ``(A) admitted as evidence in any civil or criminal action brought against the victim of the cybersecurity incident, except for actions brought by the Federal Government under section 2233(h); or ``(B) subject to a subpoena, unless the subpoena is issued by Congress and necessary for congressional oversight purposes. ``(f) Privacy.--The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.), for information submitted to the Agency through the Cyber Intrusion Reporting Capabilities established under subsection (b) that is known at the time of sharing to contain personal information of a specific individual or information that identifies a specific individual that is not directly related to a cybersecurity threat. ``(g) Annual Reports.-- ``(1) Director reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established and once each year thereafter, the Director shall submit to the appropriate congressional committees a report, in classified form if necessary, on the number of notifications received through the Cyber Intrusion Reporting Capabilities, and a description of the associated mitigations taken, during the 1-year period preceding the report. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(3) Form.--The annual reports required under this subsection may be submitted as a single report for each year, at the discretion of the Secretary. ``SEC. 2233. REQUIRED NOTIFICATIONS. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(2) Exception.--If a Federal agency or covered entity required to submit a cybersecurity notification under paragraph (1) is subject to another Federal law, regulation, policy, or government contract requiring notification of a cybersecurity intrusion or potential cybersecurity intrusion to a Federal agency within less than 24 hours, the notification deadline required in the applicable law, regulation, or policy shall also apply to the notification required under this section. ``(b) Required Updates.--A Federal agency or covered entity that submits a cybersecurity notification under subsection (a) shall, until the date on which the cybersecurity incident is mitigated or any follow-up investigation is completed, submit updated cybersecurity threat information to the Agency through the Cyber Intrusion Reporting Capabilities not later than 72 hours after the discovery of new information. ``(c) Required Contents.--The notification and required updates submitted under subsections (a) and (b) shall include, at minimum, any information required to be included pursuant to the rules promulgated under subsection (d). ``(d) Required Rulemaking.-- ``(1) In general.--Notwithstanding any provisions set out in this title that may limit or restrict the promulgation of rules, and not later than 270 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director, shall promulgate interim final rules, waiving prior public notice, and accepting comments after the effective date in order to inform the final rules-- ``(A) that define `covered entity' for the purpose of identifying entities subject to the cybersecurity notification requirements of this section and which shall include, at a minimum, Federal contractors, owners or operators of critical infrastructure, as determined appropriate by the Director based on assessment of risks posed by compromise of critical infrastructure operation, and nongovernmental entities that provide cybersecurity incident response services; ``(B) that define `cybersecurity intrusion' and `potential cybersecurity intrusion' for the purpose of determining when a cybersecurity notification shall be submitted under this section; ``(C) that define `cybersecurity threat information' for the purpose of describing the threat information to be included in a cybersecurity notification under this section; ``(D) that define `confirmation of a cybersecurity incident or potential cybersecurity incident' for the purpose of determining when a notification obligation is triggered; ``(E) that address whether a Federal agency or covered entity shall be required to provide a cybersecurity notification for a cybersecurity intrusion of which the Federal agency or covered entity is aware, but does not directly impact the networks or information systems owned or operated by the Federal agency or covered entity; and ``(F) that contain other provisions necessary to implement the requirements of this subtitle. ``(2) Requirements for definitions.--At a minimum, the definitions of `cybersecurity intrusion' and `potential cybersecurity intrusion' required to be promulgated under paragraph (1)(B) shall include a cybersecurity intrusion, including an intrusion involving ransomware, that-- ``(A) involves or is assessed to involve a nation- state; ``(B) involves or is assessed to involve an advanced persistent threat cyber actor; ``(C) involves or is assessed to involve a transnational organized crime group (as defined in section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708)); ``(D) results, or has the potential to result, in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of people in the United States; ``(E) is or is likely to be of significant national consequence; or ``(F) is identified by covered entities but affects, or has the potential to affect, agency systems. ``(3) Required information for cybersecurity threat information.--For purposes of the rules required to be promulgated under paragraph (1)(B), the cybersecurity threat information required to be included in a cybersecurity notification shall include, at a minimum-- ``(A) a description of the cybersecurity intrusion, including identification of the affected systems and networks that were, or are reasonably believed to have been, accessed by a cyber actor, and the estimated dates of when such an intrusion is believed to have occurred; ``(B) a description of the vulnerabilities leveraged, and tactics, techniques, and procedures used by the cyber actors to conduct the intrusion; ``(C) any information that could reasonably help identify the cyber actor, such as internet protocol addresses, domain name service information, or samples of malicious software; and ``(D) contact information, such as a telephone number or electronic mail address, that a Federal agency may use to contact the covered entity, either directly or through an authorized agent of the covered entity; and ``(E) actions taken to mitigate the intrusion. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(f) Required Coordination With Sector Risk Management or Other Regulatory Agencies.--The Secretary of Homeland Security, acting through the Director, in coordination with the head of each Sector Risk Management Agency and other Federal agencies, as determined appropriate by the Director, shall-- ``(1) establish a set of reporting criteria for Sector Risk Management Agencies and other Federal agencies as identified by the Director to submit cybersecurity notifications regarding cybersecurity incidents affecting covered entities in their respective sectors or covered entities regulated by such Federal agencies to the Agency through the Cyber Intrusion Reporting Capabilities; and ``(2) take steps to harmonize the criteria described in paragraph (1) with the regulatory reporting requirements in effect on the date of enactment of this subtitle. ``(g) Protection From Liability.--No cause of action shall lie or be maintained in any court by any person or entity, other than the Federal Government pursuant to subsection (h) or any applicable law, against any covered entity due to the submission by that person or entity of a cybersecurity notification to the Agency through the Cyber Intrusion Reporting System, in conformance with this subtitle and the rules promulgated under subsection (d), and any such action shall be promptly dismissed. ``(h) Enforcement.-- ``(1) In general.--If, on the basis of any information, the Director determines that a covered entity has violated, or is in violation of, the requirements of this subtitle, including rules promulgated under this subtitle, the Director may assess a civil penalty not to exceed 0.5 percent of the entity's gross revenue from the prior year for each day the violation continued or continues. ``(2) Determination of amount.--The Director shall have the authority to reduce or otherwise modify the civil penalties assessed under paragraph (1) and may take into account mitigating or aggravating factors, including the nature, circumstances, extent, and gravity of the violations and, with respect to the covered entity, the covered entity's ability to pay, degree of culpability, and history of prior violations. ``(3) Procedures.--The Director shall establish procedures for contesting civil penalties imposed under this section. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. ``(5) Federal agencies.--If a Federal agency violates the requirements of this subtitle, the violation shall be referred to the Inspector General for the agency, and shall be treated by the Inspector General for the agency as a matter of urgent concern. ``(i) Exemption.--All information collection activities under sections 2232 and 2233 of this subtitle shall be exempt from the requirements of sections 3506(c), 3507, 3508, and 3509 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(j) Rule of Construction.--Nothing in this subtitle shall be construed to supersede any reporting requirements under subchapter I of chapter 35 of title 44, United States Code. ``SEC. 2234. PRESERVATION OF INFORMATION. ``(a) In General.--Not later than 60 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of the Office of Management and Budget, shall promulgate rules for data preservation standards and requirements for Federal agencies and covered entities to assist with cybersecurity intrusion response and associated investigatory activities. ``(b) Minimum Requirements.--The rules for data preservation promulgated under subsection (a) shall require, at a minimum, that a Federal agency or covered entity that submits a cybersecurity notification under this subtitle shall preserve all of the data designated for preservation under such rules. ``SEC. 2235. ANALYSIS OF CYBERSECURITY NOTIFICATIONS. ``(a) Analysis.-- ``(1) In general.--The Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence, shall jointly develop procedures for ensuring any cybersecurity notification submitted to the System is promptly and appropriately analyzed to-- ``(A) determine the impact of the breach or intrusion on the national economy and national security; ``(B) identify the potential source or sources of the breach or intrusion; ``(C) recommend actions to mitigate the impact of the breach or intrusion; and ``(D) provide information on methods of securing the system or systems against future breaches or intrusions. ``(2) Requirement.--The procedures required to be developed under paragraph (1) shall include criteria for when rapid analysis, notification, or public dissemination is required. ``(3) Authority.--The Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence may each designate employees within each respective agency who may search intelligence and law enforcement information for cyber threat intelligence information with a national security or public safety purpose, based on cybersecurity notifications received by the Agency through the Cyber Intrusion Reporting Capabilities, and consistent with the procedures developed under paragraph (1). ``(b) Analytic Production.-- ``(1) In general.--Not less frequently than once every 30 days, the Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence shall produce a joint cyber threat intelligence report that characterizes the current cyber threat picture facing Federal agencies and covered entities. ``(2) Requirements.--Each report required to be produced under paragraph (1)-- ``(A) shall be in a form which may be made publicly available; ``(B) may include a classified annex, as necessary; and ``(C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. ``(3) Authority to declassify.--The Director of National Intelligence may declassify any analytic products, or portions thereof, produced under this section if such declassification is required to mitigate cyber threats facing the United States.''. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by adding at the end the following: ``Subtitle C--Cybersecurity Intrusion Reporting Capabilities ``Sec. 2231. Definitions. ``Sec. 2232. Establishment of cybersecurity intrusion reporting capabilities. ``Sec. 2233. Required notifications. ``Sec. 2234. Preservation of information. ``Sec. 2235. Analysis of cybersecurity notifications.''. (c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''. <all>

This bill requires federal agencies and certain entities to report cybersecurity intrusion incidents to the Cybersecurity and Infrastructure Security Agency (CISA) and addresses related issues. Within 24 hours of a confirmed intrusion (or potential intrusion), the targeted agency or entity must report the intrusion to CISA. CISA must promulgate rules relating to the bill, including the information that must be included in each incident report and the entities that must comply with the reporting requirements. At minimum, the covered entities must include federal contractors and owners or operators of critical infrastructure. Similarly, such rules must at minimum require federal agencies and covered entities to report all intrusions involving a nation-state, advanced persistent threat cyber actor, or transnational organized crime group. If a covered entity fails to meet the bill's requirements, CISA may assess a civil penalty of up to 0.5% of the entity's gross revenue for each day the violation lasts. If the violating entity has federal contracts, the General Services Administration may impose additional penalties, including removal from the Federal Contracting Schedule. A violation by a federal agency must be referred to that agency's office of the inspector general, which must treat the case as a matter of urgent concern. CISA, the Department of Justice, and the Office of the Director of National Intelligence must provide periodic reports to Congress concerning the current cyber threat picture facing federal agencies and covered entities.

SHORT TITLE. SEC. CYBERSECURITY INTRUSION REPORTING CAPABILITIES. 651 et seq.) DEFINITIONS. ``(2) Agency.--The term `Agency' means the Cybersecurity and Infrastructure Security Agency. ``(3) Appropriate congressional committees.--In this section, the term `appropriate congressional committees' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Select Committee on Intelligence of the Senate; ``(C) the Committee on the Judiciary of the Senate; ``(D) the Committee on Armed Services of the Senate; ``(E) the Committee on Homeland Security of the House of Representatives; ``(F) the Permanent Select Committee on Intelligence of the House of Representatives; ``(G) the Committee on the Judiciary of the House of Representatives; and ``(H) the Committee on Armed Services of the House of Representatives. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(f) Privacy.--The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. ``(3) Form.--The annual reports required under this subsection may be submitted as a single report for each year, at the discretion of the Secretary. REQUIRED NOTIFICATIONS. ``(b) Required Updates.--A Federal agency or covered entity that submits a cybersecurity notification under subsection (a) shall, until the date on which the cybersecurity incident is mitigated or any follow-up investigation is completed, submit updated cybersecurity threat information to the Agency through the Cyber Intrusion Reporting Capabilities not later than 72 hours after the discovery of new information. 2708)); ``(D) results, or has the potential to result, in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of people in the United States; ``(E) is or is likely to be of significant national consequence; or ``(F) is identified by covered entities but affects, or has the potential to affect, agency systems. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. PRESERVATION OF INFORMATION. 2231. 2232. 2234. 2235. (c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C.

SHORT TITLE. SEC. CYBERSECURITY INTRUSION REPORTING CAPABILITIES. DEFINITIONS. ``(2) Agency.--The term `Agency' means the Cybersecurity and Infrastructure Security Agency. ``(3) Appropriate congressional committees.--In this section, the term `appropriate congressional committees' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Select Committee on Intelligence of the Senate; ``(C) the Committee on the Judiciary of the Senate; ``(D) the Committee on Armed Services of the Senate; ``(E) the Committee on Homeland Security of the House of Representatives; ``(F) the Permanent Select Committee on Intelligence of the House of Representatives; ``(G) the Committee on the Judiciary of the House of Representatives; and ``(H) the Committee on Armed Services of the House of Representatives. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). REQUIRED NOTIFICATIONS. 2708)); ``(D) results, or has the potential to result, in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of people in the United States; ``(E) is or is likely to be of significant national consequence; or ``(F) is identified by covered entities but affects, or has the potential to affect, agency systems. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. PRESERVATION OF INFORMATION. 2232. (c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C.

SHORT TITLE. SEC. CYBERSECURITY INTRUSION REPORTING CAPABILITIES. 651 et seq.) DEFINITIONS. ``(2) Agency.--The term `Agency' means the Cybersecurity and Infrastructure Security Agency. ``(3) Appropriate congressional committees.--In this section, the term `appropriate congressional committees' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Select Committee on Intelligence of the Senate; ``(C) the Committee on the Judiciary of the Senate; ``(D) the Committee on Armed Services of the Senate; ``(E) the Committee on Homeland Security of the House of Representatives; ``(F) the Permanent Select Committee on Intelligence of the House of Representatives; ``(G) the Committee on the Judiciary of the House of Representatives; and ``(H) the Committee on Armed Services of the House of Representatives. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(5) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. ``(10) Federal contractor.--The term `Federal contractor'-- ``(A) means a contractor or subcontractor (at any tier) of the United States Government; and ``(B) does not include a contractor or subcontractor that holds only-- ``(i) service contracts to provide housekeeping or custodial services; or ``(ii) contracts to provide products or services unrelated to information technology below the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations, or any successor thereto). ``(12) Ransomware.--The term `ransomware' means any type of malicious software that prevents the legitimate owner or operator of an information system or network from accessing computer files, systems, or networks and demands the payment of a ransom for the return of such access. ``(f) Privacy.--The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. ``(3) Form.--The annual reports required under this subsection may be submitted as a single report for each year, at the discretion of the Secretary. REQUIRED NOTIFICATIONS. ``(b) Required Updates.--A Federal agency or covered entity that submits a cybersecurity notification under subsection (a) shall, until the date on which the cybersecurity incident is mitigated or any follow-up investigation is completed, submit updated cybersecurity threat information to the Agency through the Cyber Intrusion Reporting Capabilities not later than 72 hours after the discovery of new information. 2708)); ``(D) results, or has the potential to result, in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of people in the United States; ``(E) is or is likely to be of significant national consequence; or ``(F) is identified by covered entities but affects, or has the potential to affect, agency systems. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(2) Determination of amount.--The Director shall have the authority to reduce or otherwise modify the civil penalties assessed under paragraph (1) and may take into account mitigating or aggravating factors, including the nature, circumstances, extent, and gravity of the violations and, with respect to the covered entity, the covered entity's ability to pay, degree of culpability, and history of prior violations. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. PRESERVATION OF INFORMATION. ANALYSIS OF CYBERSECURITY NOTIFICATIONS. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2231. 2232. 2234. 2235. (c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C.

SHORT TITLE. SEC. CYBERSECURITY INTRUSION REPORTING CAPABILITIES. 651 et seq.) DEFINITIONS. ``In this subtitle: ``(1) Definitions from section 2201.--The definitions in section 2201 shall apply to this subtitle, except as otherwise provided. ``(2) Agency.--The term `Agency' means the Cybersecurity and Infrastructure Security Agency. ``(3) Appropriate congressional committees.--In this section, the term `appropriate congressional committees' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Select Committee on Intelligence of the Senate; ``(C) the Committee on the Judiciary of the Senate; ``(D) the Committee on Armed Services of the Senate; ``(E) the Committee on Homeland Security of the House of Representatives; ``(F) the Permanent Select Committee on Intelligence of the House of Representatives; ``(G) the Committee on the Judiciary of the House of Representatives; and ``(H) the Committee on Armed Services of the House of Representatives. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(5) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. ``(10) Federal contractor.--The term `Federal contractor'-- ``(A) means a contractor or subcontractor (at any tier) of the United States Government; and ``(B) does not include a contractor or subcontractor that holds only-- ``(i) service contracts to provide housekeeping or custodial services; or ``(ii) contracts to provide products or services unrelated to information technology below the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations, or any successor thereto). ``(12) Ransomware.--The term `ransomware' means any type of malicious software that prevents the legitimate owner or operator of an information system or network from accessing computer files, systems, or networks and demands the payment of a ransom for the return of such access. ``(b) Establishment.--Not later than 240 days after the date of enactment of this subtitle, the Director shall establish Cyber Intrusion Reporting Capabilities to facilitate the submission of timely, secure, and confidential cybersecurity notifications from Federal agencies and covered entities to the Agency. ``(f) Privacy.--The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. ), for information submitted to the Agency through the Cyber Intrusion Reporting Capabilities established under subsection (b) that is known at the time of sharing to contain personal information of a specific individual or information that identifies a specific individual that is not directly related to a cybersecurity threat. ``(3) Form.--The annual reports required under this subsection may be submitted as a single report for each year, at the discretion of the Secretary. REQUIRED NOTIFICATIONS. ``(b) Required Updates.--A Federal agency or covered entity that submits a cybersecurity notification under subsection (a) shall, until the date on which the cybersecurity incident is mitigated or any follow-up investigation is completed, submit updated cybersecurity threat information to the Agency through the Cyber Intrusion Reporting Capabilities not later than 72 hours after the discovery of new information. 2708)); ``(D) results, or has the potential to result, in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of people in the United States; ``(E) is or is likely to be of significant national consequence; or ``(F) is identified by covered entities but affects, or has the potential to affect, agency systems. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(2) Determination of amount.--The Director shall have the authority to reduce or otherwise modify the civil penalties assessed under paragraph (1) and may take into account mitigating or aggravating factors, including the nature, circumstances, extent, and gravity of the violations and, with respect to the covered entity, the covered entity's ability to pay, degree of culpability, and history of prior violations. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. PRESERVATION OF INFORMATION. ANALYSIS OF CYBERSECURITY NOTIFICATIONS. ``(a) Analysis.-- ``(1) In general.--The Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence, shall jointly develop procedures for ensuring any cybersecurity notification submitted to the System is promptly and appropriately analyzed to-- ``(A) determine the impact of the breach or intrusion on the national economy and national security; ``(B) identify the potential source or sources of the breach or intrusion; ``(C) recommend actions to mitigate the impact of the breach or intrusion; and ``(D) provide information on methods of securing the system or systems against future breaches or intrusions. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by adding at the end the following: ``Subtitle C--Cybersecurity Intrusion Reporting Capabilities ``Sec. 2231. 2232. 2234. 2235. (c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``In this subtitle: ``(1) Definitions from section 2201.--The definitions in section 2201 shall apply to this subtitle, except as otherwise provided. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(7) Cybersecurity notification.--The term `cybersecurity notification' means a notification of a cybersecurity intrusion, as defined in accordance with section 2233. ``(10) Federal contractor.--The term `Federal contractor'-- ``(A) means a contractor or subcontractor (at any tier) of the United States Government; and ``(B) does not include a contractor or subcontractor that holds only-- ``(i) service contracts to provide housekeeping or custodial services; or ``(ii) contracts to provide products or services unrelated to information technology below the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations, or any successor thereto). ``(a) Designation.--The Agency shall be the designated agency within the Federal Government to receive cybersecurity notifications from other Federal agencies and covered entities in accordance with this subtitle. ``(d) Requirements.--The Cyber Intrusion Reporting Capabilities shall allow the Agency-- ``(1) to accept classified submissions and notifications; and ``(2) to accept a cybersecurity notification from any entity, regardless of whether the entity is a covered entity. ``(f) Privacy.--The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq. ), for information submitted to the Agency through the Cyber Intrusion Reporting Capabilities established under subsection (b) that is known at the time of sharing to contain personal information of a specific individual or information that identifies a specific individual that is not directly related to a cybersecurity threat. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(2) Exception.--If a Federal agency or covered entity required to submit a cybersecurity notification under paragraph (1) is subject to another Federal law, regulation, policy, or government contract requiring notification of a cybersecurity intrusion or potential cybersecurity intrusion to a Federal agency within less than 24 hours, the notification deadline required in the applicable law, regulation, or policy shall also apply to the notification required under this section. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(g) Protection From Liability.--No cause of action shall lie or be maintained in any court by any person or entity, other than the Federal Government pursuant to subsection (h) or any applicable law, against any covered entity due to the submission by that person or entity of a cybersecurity notification to the Agency through the Cyber Intrusion Reporting System, in conformance with this subtitle and the rules promulgated under subsection (d), and any such action shall be promptly dismissed. ``(h) Enforcement.-- ``(1) In general.--If, on the basis of any information, the Director determines that a covered entity has violated, or is in violation of, the requirements of this subtitle, including rules promulgated under this subtitle, the Director may assess a civil penalty not to exceed 0.5 percent of the entity's gross revenue from the prior year for each day the violation continued or continues. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. ``(i) Exemption.--All information collection activities under sections 2232 and 2233 of this subtitle shall be exempt from the requirements of sections 3506(c), 3507, 3508, and 3509 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(b) Minimum Requirements.--The rules for data preservation promulgated under subsection (a) shall require, at a minimum, that a Federal agency or covered entity that submits a cybersecurity notification under this subtitle shall preserve all of the data designated for preservation under such rules. ``(2) Requirement.--The procedures required to be developed under paragraph (1) shall include criteria for when rapid analysis, notification, or public dissemination is required. ``(b) Analytic Production.-- ``(1) In general.--Not less frequently than once every 30 days, the Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence shall produce a joint cyber threat intelligence report that characterizes the current cyber threat picture facing Federal agencies and covered entities. ``(2) Requirements.--Each report required to be produced under paragraph (1)-- ``(A) shall be in a form which may be made publicly available; ``(B) may include a classified annex, as necessary; and ``(C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. a) In General.--Title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(8) Director.--The term `Director' means the Director of the Cybersecurity and Infrastructure Security Agency. ``(a) Designation.--The Agency shall be the designated agency within the Federal Government to receive cybersecurity notifications from other Federal agencies and covered entities in accordance with this subtitle. ``(f) Privacy.--The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq. ), ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(3) Form.--The annual reports required under this subsection may be submitted as a single report for each year, at the discretion of the Secretary. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(h) Enforcement.-- ``(1) In general.--If, on the basis of any information, the Director determines that a covered entity has violated, or is in violation of, the requirements of this subtitle, including rules promulgated under this subtitle, the Director may assess a civil penalty not to exceed 0.5 percent of the entity's gross revenue from the prior year for each day the violation continued or continues. ``(i) Exemption.--All information collection activities under sections 2232 and 2233 of this subtitle shall be exempt from the requirements of sections 3506(c), 3507, 3508, and 3509 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(a) In General.--Not later than 60 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of the Office of Management and Budget, shall promulgate rules for data preservation standards and requirements for Federal agencies and covered entities to assist with cybersecurity intrusion response and associated investigatory activities. ``(b) Analytic Production.-- ``(1) In general.--Not less frequently than once every 30 days, the Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence shall produce a joint cyber threat intelligence report that characterizes the current cyber threat picture facing Federal agencies and covered entities. ``(2) Requirements.--Each report required to be produced under paragraph (1)-- ``(A) shall be in a form which may be made publicly available; ``(B) may include a classified annex, as necessary; and ``(C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. a) In General.--Title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(8) Director.--The term `Director' means the Director of the Cybersecurity and Infrastructure Security Agency. ``(a) Designation.--The Agency shall be the designated agency within the Federal Government to receive cybersecurity notifications from other Federal agencies and covered entities in accordance with this subtitle. ``(f) Privacy.--The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq. ), ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(3) Form.--The annual reports required under this subsection may be submitted as a single report for each year, at the discretion of the Secretary. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(h) Enforcement.-- ``(1) In general.--If, on the basis of any information, the Director determines that a covered entity has violated, or is in violation of, the requirements of this subtitle, including rules promulgated under this subtitle, the Director may assess a civil penalty not to exceed 0.5 percent of the entity's gross revenue from the prior year for each day the violation continued or continues. ``(i) Exemption.--All information collection activities under sections 2232 and 2233 of this subtitle shall be exempt from the requirements of sections 3506(c), 3507, 3508, and 3509 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(a) In General.--Not later than 60 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of the Office of Management and Budget, shall promulgate rules for data preservation standards and requirements for Federal agencies and covered entities to assist with cybersecurity intrusion response and associated investigatory activities. ``(b) Analytic Production.-- ``(1) In general.--Not less frequently than once every 30 days, the Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence shall produce a joint cyber threat intelligence report that characterizes the current cyber threat picture facing Federal agencies and covered entities. ``(2) Requirements.--Each report required to be produced under paragraph (1)-- ``(A) shall be in a form which may be made publicly available; ``(B) may include a classified annex, as necessary; and ``(C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(d) Requirements.--The Cyber Intrusion Reporting Capabilities shall allow the Agency-- ``(1) to accept classified submissions and notifications; and ``(2) to accept a cybersecurity notification from any entity, regardless of whether the entity is a covered entity. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(g) Protection From Liability.--No cause of action shall lie or be maintained in any court by any person or entity, other than the Federal Government pursuant to subsection (h) or any applicable law, against any covered entity due to the submission by that person or entity of a cybersecurity notification to the Agency through the Cyber Intrusion Reporting System, in conformance with this subtitle and the rules promulgated under subsection (d), and any such action shall be promptly dismissed. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. ``(b) Minimum Requirements.--The rules for data preservation promulgated under subsection (a) shall require, at a minimum, that a Federal agency or covered entity that submits a cybersecurity notification under this subtitle shall preserve all of the data designated for preservation under such rules. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(a) In General.--Not later than 60 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of the Office of Management and Budget, shall promulgate rules for data preservation standards and requirements for Federal agencies and covered entities to assist with cybersecurity intrusion response and associated investigatory activities. ``(2) Requirements.--Each report required to be produced under paragraph (1)-- ``(A) shall be in a form which may be made publicly available; ``(B) may include a classified annex, as necessary; and ``(C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``(4) Covered entity.--The term `covered entity' has the meaning given the term under the rules required to be promulgated under section 2233(d). ``(d) Requirements.--The Cyber Intrusion Reporting Capabilities shall allow the Agency-- ``(1) to accept classified submissions and notifications; and ``(2) to accept a cybersecurity notification from any entity, regardless of whether the entity is a covered entity. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(g) Protection From Liability.--No cause of action shall lie or be maintained in any court by any person or entity, other than the Federal Government pursuant to subsection (h) or any applicable law, against any covered entity due to the submission by that person or entity of a cybersecurity notification to the Agency through the Cyber Intrusion Reporting System, in conformance with this subtitle and the rules promulgated under subsection (d), and any such action shall be promptly dismissed. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. ``(b) Minimum Requirements.--The rules for data preservation promulgated under subsection (a) shall require, at a minimum, that a Federal agency or covered entity that submits a cybersecurity notification under this subtitle shall preserve all of the data designated for preservation under such rules. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(a) In General.--Not later than 60 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of the Office of Management and Budget, shall promulgate rules for data preservation standards and requirements for Federal agencies and covered entities to assist with cybersecurity intrusion response and associated investigatory activities. ``(2) Requirements.--Each report required to be produced under paragraph (1)-- ``(A) shall be in a form which may be made publicly available; ``(B) may include a classified annex, as necessary; and ``(C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. ``(b) Minimum Requirements.--The rules for data preservation promulgated under subsection (a) shall require, at a minimum, that a Federal agency or covered entity that submits a cybersecurity notification under this subtitle shall preserve all of the data designated for preservation under such rules.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(4) Required consultation.--For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. ``(a) In General.--Not later than 60 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of the Office of Management and Budget, shall promulgate rules for data preservation standards and requirements for Federal agencies and covered entities to assist with cybersecurity intrusion response and associated investigatory activities. ``(2) Requirements.--Each report required to be produced under paragraph (1)-- ``(A) shall be in a form which may be made publicly available; ``(B) may include a classified annex, as necessary; and ``(C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. c) Technical and Conforming Amendments.--Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended-- (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: ``(13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities;''.

To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes. ``(2) Secretary reporting requirement.--Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- ``(A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and ``(B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. ``(a) Notifications.-- ``(1) In general.--Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. ``(e) Required Response.--The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. ``(4) Covered entities with federal government contracts.-- In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. ``(b) Minimum Requirements.--The rules for data preservation promulgated under subsection (a) shall require, at a minimum, that a Federal agency or covered entity that submits a cybersecurity notification under this subtitle shall preserve all of the data designated for preservation under such rules.

This bill requires the Cybersecurity and Infrastructure Security Agency (CISA) to develop and implement reporting capabilities for cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and make appropriate, actionable cyber threat information available to the relevant government and private sector entities. Specifically, the CISA must develop reporting capabilities to (1) notify the federal government of cyber incidents, and (2) make such reports available to relevant federal agencies and entities. The CISA shall also establish a reporting system for federal agencies to report cyber incidents to the appropriate congressional committees

This bill requires the Cybersecurity and Infrastructure Security Agency (CISA) to establish reporting capabilities for cybersecurity intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and make appropriate, actionable cyber threat information available to the relevant government and private sector entities. Specifically, the CISA must develop reporting capabilities to (1) ensure timely federal government awareness of cyber intrusions, (2) develop a national operating picture, and (3) make such picture available to relevant federal, state, local, and tribal governments, as well as the public. The

This bill requires the Cybersecurity and Infrastructure Security Agency (CISA) to establish reporting requirements related to cybersecurity incidents that result in demonstrable harm to national security interests, foreign relations, or economy, or to the public confidence, civil liberties, or public health and safety of people in the United States. Specifically, the CISA must require entities with federal government contracts to report incidents that (1) are identified by CISA and identified by the agency, (2) are of significant national consequence, or (3) have the potential to result in harm to U.S. national security or foreign relations. The C

This bill requires federal agencies and entities to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours of the discovery of new information. The CISA must also publish annual reports on cybersecurity incidents that are of significant national consequence and are identified by federal agencies or entities but affect, or have the potential to affect, agency systems.

This bill requires federal agencies and contractors to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours of the discovery of new information. The CISA must assess civil and criminal penalties for violations. The bill defines cybersecurity incident as any type of malicious software that prevents the legitimate owner or operator of an information system or network from accessing computer files, systems, or networks and demands the payment of a ransom for the return of such access. A federal agency or contractor that submits a cybersecurity notification must, until the date on which the cybersecurity incident is mitigated or any follow-up investigation is completed,

This bill requires the Cybersecurity and Infrastructure Security Agency (CISA) to establish Cyber Intrusion Reporting Capabilities to facilitate the submission of timely, secure, and confidential cybersecurity notifications from federal agencies and covered entities to the CISA. The CISA must also adopt privacy and data protection procedures for information submitted to CISA that is known at the time of sharing to contain personal information of a specific individual or information that identifies an individual that is not directly related to a cybersecurity threat. A federal agency or covered entity that submits a cybersecurity notification must, until the date on which the cybersecurity incident is mitigated or any follow

This bill requires federal agencies and entities to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency (CISA) within 24 hours of the detection of a cybersecurity intrusion or potential cybersecurity intrusion. The CISA must develop and implement a process to respond to a federal agency or entity that submits a cybersecurity notification. The bill also requires the Department of Homeland Security (DHS) to promulgate rules for data preservation standards and requirements to assist with cybersecurity intrusion response and associated investigatory activities.

This bill requires federal agencies and entities to submit cybersecurity notifications within 24 hours of the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion. The Cyber Intrusion Reporting Capabilities must allow the Federal Communications Commission (FCC) to accept classified submissions and notifications and accept a cybersecurity notification from any entity, regardless of whether the entity is a federal agency or entity.

To ensure timely Federal Government awareness of cyber intrusions that                pose a threat to national security, enable the development of a common � operating picture of national-level cyber threats, and to make                 appropriate, actionable cyber threat information available to the ¯¯¯¯relevant government and private sector entities, as well as the public,                 the term `cybersecurity incident notification' has been defined in the                 ``(1) Definitions from section 2201, ``(2) Definitions under the Cybersecurity Intrusion Reporting Capabilities ``(3) Covered entity.--The term

Commerce

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Entrepreneurs and Economic Development Act'' or the ``SEED Act''. SEC. 2. RESOURCE PARTNER REFERRALS. (a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. (b) Disaster Assistance Loans.--Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) (relating to Additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph: ``(2) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under subsection (b), such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. (c) Microloans.--Section 7(m)(6) of the Small Business Act (15 U.S.C. 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(I) the address, phone number, and website (if available) of such resource partner; and ``(II) a description of the services offered by such resource partner. ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. (d) State and Local Development Company Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. ``(B) Report.--A development company shall submit to the Administrator an annual report describing referrals made under this paragraph.''. (e) Reports.-- (1) Lender reports.--Each lender and development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. (2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(B) The nature of the services provided by a resource partner, including (if applicable) the number of training or counseling sessions provided and the number of hours of assistance provided. ``(C) Whether any persons received assistance as a result of such a referral. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (f) GAO Report.-- (1) In general.--Not later than February 1, 2023, and every two years thereafter, the Comptroller General of the United States shall submit to Congress, and publish on a publicly available website, a report on the rate of referrals to resource partners made by lenders or development companies pursuant to a covered provision and data on persons that received assistance as a result of such a referral. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). (B) Covered provision.--The term ``covered provision'' means-- (i) sections 7(a)(38), 7(f)(2), and 7(m)(6)(F) of the Small Business Act (15 U.S.C. 631 et seq.), as added by this Act; and (ii) section 502(8) of the Small Business Investment Act of 1958 (15 U.S.C. 696), as added by this Act. <all>

This bill requires lenders to refer applicants for certain small business loans to a resource partner if the applicant is determined ineligible for a loan under the program. Resource partners, such as small business development centers, provide informational tools and training to support business start-ups and existing business expansion. Lenders and the Small Business Administration must report on the number of resource partner referrals and the Government Accountability Office must periodically report on the rate of such referrals.

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Entrepreneurs and Economic Development Act'' or the ``SEED Act''. SEC. 2. RESOURCE PARTNER REFERRALS. (a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(B) The nature of the services provided by a resource partner, including (if applicable) the number of training or counseling sessions provided and the number of hours of assistance provided. ``(C) Whether any persons received assistance as a result of such a referral. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (f) GAO Report.-- (1) In general.--Not later than February 1, 2023, and every two years thereafter, the Comptroller General of the United States shall submit to Congress, and publish on a publicly available website, a report on the rate of referrals to resource partners made by lenders or development companies pursuant to a covered provision and data on persons that received assistance as a result of such a referral. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). 631 et seq. 696), as added by this Act.

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Entrepreneurs and Economic Development Act'' or the ``SEED Act''. SEC. 2. RESOURCE PARTNER REFERRALS. (a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. ``(B) The nature of the services provided by a resource partner, including (if applicable) the number of training or counseling sessions provided and the number of hours of assistance provided. ``(C) Whether any persons received assistance as a result of such a referral. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. 9013). 631 et seq. 696), as added by this Act.

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Entrepreneurs and Economic Development Act'' or the ``SEED Act''. SEC. 2. RESOURCE PARTNER REFERRALS. (a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. (b) Disaster Assistance Loans.--Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) (relating to Additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph: ``(2) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under subsection (b), such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. (c) Microloans.--Section 7(m)(6) of the Small Business Act (15 U.S.C. 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. (d) State and Local Development Company Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. (e) Reports.-- (1) Lender reports.--Each lender and development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. (2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(B) The nature of the services provided by a resource partner, including (if applicable) the number of training or counseling sessions provided and the number of hours of assistance provided. ``(C) Whether any persons received assistance as a result of such a referral. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (f) GAO Report.-- (1) In general.--Not later than February 1, 2023, and every two years thereafter, the Comptroller General of the United States shall submit to Congress, and publish on a publicly available website, a report on the rate of referrals to resource partners made by lenders or development companies pursuant to a covered provision and data on persons that received assistance as a result of such a referral. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). 631 et seq. 696), as added by this Act.

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Entrepreneurs and Economic Development Act'' or the ``SEED Act''. SEC. 2. RESOURCE PARTNER REFERRALS. (a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. (b) Disaster Assistance Loans.--Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) (relating to Additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph: ``(2) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under subsection (b), such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. (c) Microloans.--Section 7(m)(6) of the Small Business Act (15 U.S.C. 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(I) the address, phone number, and website (if available) of such resource partner; and ``(II) a description of the services offered by such resource partner. ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. (d) State and Local Development Company Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). Such referral shall include-- ``(i) the address, phone number, and website (if available) of such resource partner; and ``(ii) a description of the services offered by such resource partner. ``(B) Report.--A development company shall submit to the Administrator an annual report describing referrals made under this paragraph.''. (e) Reports.-- (1) Lender reports.--Each lender and development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. (2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(B) The nature of the services provided by a resource partner, including (if applicable) the number of training or counseling sessions provided and the number of hours of assistance provided. ``(C) Whether any persons received assistance as a result of such a referral. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (f) GAO Report.-- (1) In general.--Not later than February 1, 2023, and every two years thereafter, the Comptroller General of the United States shall submit to Congress, and publish on a publicly available website, a report on the rate of referrals to resource partners made by lenders or development companies pursuant to a covered provision and data on persons that received assistance as a result of such a referral. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). (B) Covered provision.--The term ``covered provision'' means-- (i) sections 7(a)(38), 7(f)(2), and 7(m)(6)(F) of the Small Business Act (15 U.S.C. 631 et seq.), as added by this Act; and (ii) section 502(8) of the Small Business Investment Act of 1958 (15 U.S.C. 696), as added by this Act. <all>

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 636(f)) (relating to Additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph: ``(2) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under subsection (b), such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. (d) State and Local Development Company Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). e) Reports.-- (1) Lender reports.--Each lender and development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. ( 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). ( B) Covered provision.--The term ``covered provision'' means-- (i) sections 7(a)(38), 7(f)(2), and 7(m)(6)(F) of the Small Business Act (15 U.S.C. 631 et seq. ),

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. ( 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. ( 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 636(f)) (relating to Additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph: ``(2) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under subsection (b), such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. (d) State and Local Development Company Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). e) Reports.-- (1) Lender reports.--Each lender and development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. ( 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). ( B) Covered provision.--The term ``covered provision'' means-- (i) sections 7(a)(38), 7(f)(2), and 7(m)(6)(F) of the Small Business Act (15 U.S.C. 631 et seq. ),

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. ( 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 636(f)) (relating to Additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph: ``(2) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under subsection (b), such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. (d) State and Local Development Company Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). e) Reports.-- (1) Lender reports.--Each lender and development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. ( 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). ( B) Covered provision.--The term ``covered provision'' means-- (i) sections 7(a)(38), 7(f)(2), and 7(m)(6)(F) of the Small Business Act (15 U.S.C. 631 et seq. ),

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. ( 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 636(f)) (relating to Additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph: ``(2) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under subsection (b), such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(ii) Report.--An eligible intermediary shall submit to the Administrator an annual report describing referrals made under this subparagraph.''. (d) State and Local Development Company Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). e) Reports.-- (1) Lender reports.--Each lender and development company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)) authorized to make loans by the Administrator of the Small Business Administration shall submit to the Administrator an annual report detailing referrals made by such lender or development company pursuant to a covered provision, as applicable. ( 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. (2) Definitions.--In this subsection: (A) Resource partner.--The term ``resource partner'' has the meaning given in section 5004 of the American Rescue Plan Act of 2021 (15 U.S.C. 9013). ( B) Covered provision.--The term ``covered provision'' means-- (i) sections 7(a)(38), 7(f)(2), and 7(m)(6)(F) of the Small Business Act (15 U.S.C. 631 et seq. ),

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). ``(B) Report.--A lender shall submit to the Administrator an annual report describing referrals made under this paragraph.''. ( 636(m)(6)) is amended by adding at the end the following new subparagraph: ``(F) Resource partner referrals.-- ``(i) In general.--If an eligible intermediary determines that a person is not eligible for a loan under this subsection, eligible intermediary lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 2) Administrator reports.--Section 10 of the Small Business Act (15 U.S.C. 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. Such report shall be published on a website of the Administration and shall include the following: ``(A) An analysis of the effectiveness of a referral and any resulting services provided by the resource partner. ``(2) Covered provision defined.--In this subsection, the term `covered provision' means sections 7(a)(38), 7(f)(2), 7(m)(6)(F), and section 502(8) of the Small Business Investment Act of 1958.''. (

To amend the Small Business Act to require certain lenders and development companies to refer certain borrowers to a resource partner, and for other purposes. a) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(38) Resource partner referrals.-- ``(A) In general.--If a lender determines that a borrower is not eligible for a loan under this subsection, such lender shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 696) is amended by adding at the end the following new paragraph: ``(8) Resource partner referrals.-- ``(A) In general.--If a development company determines that a person is not eligible for assistance under this title, such development company shall refer the borrower to a resource partner (as defined in section 5004 of the American Rescue Plan Act of 2021). 639) is amended by adding at the end the following new subsection: ``(i) Lender Referral Report.-- ``(1) In general.--Along with the report required under subsection (a), the Administrator shall include a description of the number of referrals to resource partners made by lenders or development companies pursuant to a covered provision. ( B) Covered provision.--The term ``covered provision'' means-- (i) sections 7(a)(38), 7(f)(2), and 7(m)(6)(F) of the Small Business Act (15 U.S.C. 631 et seq. ),

This bill requires certain lenders and development companies to refer certain borrowers who are not eligible for a Small Business Administration (SBA) loan to a resource partner. A resource partner is an entity that provides certain services to small businesses, such as technical assistance, training, and technical assistance.

This bill requires certain lenders and development companies to refer certain borrowers to a resource partner.

This bill requires certain lenders and development companies to refer borrowers who are not eligible for Small Business Administration (SBA) loan assistance to a resource partner. A resource partner is a nonprofit organization that provides technical assistance to small businesses.

This bill requires certain lenders and development companies to refer borrowers who are not eligible for Small Business Administration (SBA) loan assistance to a resource partner. The SBA must report on the effectiveness of such referrals and any resulting services provided by the resource partner, including the number of training or counseling sessions provided and the total number of hours of assistance provided.

This bill requires certain lenders and development companies to refer borrowers who are not eligible for certain Small Business Administration (SBA) disaster assistance loans to resource partners.

This bill requires certain lenders and development companies to refer borrowers who are not eligible for certain Small Business Administration (SBA) disaster assistance loans to a resource partner.

This bill requires certain lenders and development companies to refer borrowers who are not eligible for certain Small Business Administration (SBA) loans to resource partners.

This bill requires certain lenders and development companies to refer borrowers who are not eligible for certain Small Business Administration (SBA) loans to resource partners.

To amend the Small Business Act to require certain lenders and �development companies to refer certain borrowers to a resource partner, =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-+=-=-=-=-=-=-=-=-=-=-+=-=-=-=---=-=-=-=-=-=-=-=-=-=-==-=-=-=-_=-=-_==-=-_===-=-_=-=-=-_+=-=-_-=-=-_--=-=-___========-=-__-_-_-___-_-_-__- __-_ -=-=-_ -_-_ __- -_- -__--_-

Science, Technology, Communications

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Early-Career Researchers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. (2) Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID-19 health crisis. SEC. 3. EARLY-CAREER RESEARCH FELLOWSHIP PROGRAM. (a) In General.--The Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than 2 years. (b) Institution of Higher Education Defined.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. SEC. 4. REPORTS. (a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act. <all>

This bill authorizes the National Science Foundation (NSF) to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than two years. In awarding grants, the NSF shall give priority to (1) early-career investigators who are from groups that are underrepresented in scientific research, and (2) early-career investigators who choose to carry out independent research at a minority-serving institution.

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Early-Career Researchers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. (2) Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID-19 health crisis. SEC. 3. EARLY-CAREER RESEARCH FELLOWSHIP PROGRAM. (a) In General.--The Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than 2 years. (b) Institution of Higher Education Defined.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. SEC. 4. REPORTS. (a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. (2) Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID-19 health crisis. EARLY-CAREER RESEARCH FELLOWSHIP PROGRAM. (a) In General.--The Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than 2 years. (b) Institution of Higher Education Defined.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. SEC. 4. REPORTS. (a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act.

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Early-Career Researchers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. (2) Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID-19 health crisis. SEC. 3. EARLY-CAREER RESEARCH FELLOWSHIP PROGRAM. (a) In General.--The Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than 2 years. (b) Institution of Higher Education Defined.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. SEC. 4. REPORTS. (a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act. <all>

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Early-Career Researchers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. (2) Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID-19 health crisis. SEC. 3. EARLY-CAREER RESEARCH FELLOWSHIP PROGRAM. (a) In General.--The Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than 2 years. (b) Institution of Higher Education Defined.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. SEC. 4. REPORTS. (a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act. <all>

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. ( (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (

To forestall the loss of research talent by establishing a temporary early career research fellowship program. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act.

To forestall the loss of research talent by establishing a temporary early career research fellowship program. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act.

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. ( (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (

To forestall the loss of research talent by establishing a temporary early career research fellowship program. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act.

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. ( (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (

To forestall the loss of research talent by establishing a temporary early career research fellowship program. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act.

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. ( (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (

To forestall the loss of research talent by establishing a temporary early career research fellowship program. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress.--Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act.

To forestall the loss of research talent by establishing a temporary early career research fellowship program. Congress finds the following: (1) The Nation's universities and industrial research labs are facing unprecedented budget pressure as part of the COVID- 19 health crisis, resulting in considerably fewer openings for research and teaching positions. ( (c) Priority for Broadening Participation.--In awarding grants under this section, the Director of the National Science Foundation shall give priority to-- (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. a) Reports From Grantees.--Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (

This bill directs the National Science Foundation to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at an institution of higher education for a period not greater than two years.

This bill directs the National Science Foundation (NSF) to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at an institution of higher education to last for a period not greater than two years. NSF must give priority to (1) young researchers who are from groups that are underrepresented in scientific research, and (2) early career investigators who choose to conduct independent research at a minority-serving institution. Grantees must submit a report to NSF describing how they used the grant funds.

This bill authorizes the National Science Foundation to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for not greater than two years.

This bill authorizes the National Science Foundation to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at an institution of higher education to last for a period not greater than two years.

This bill authorizes the National Science Foundation to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at an institution of higher education to last for not greater than two years.

This bill authorizes the National Science Foundation to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than two years.

This bill requires the National Science Foundation (NSF) to establish a pilot program to award grants to early-career researchers to conduct research in areas where there is a shortage of qualified researchers.

This bill requires the National Science Foundation to establish a temporary early career research fellowship program for early-career investigators who are from groups that are underrepresented in scientific research and choose to carry out independent research at a minority-serving institution.

SourceFile Be it enacted by the Senate and House of Representatives of the                United States of America in Congress assembled,                ¯¯¯¯¯¯¯¯¯ (the ``Act'') (the “Act''), as amended, is hereby amended to provide for the support of early-career researchers by establishing a 2-year pilot program to award grants to highly                qualified early-Career investigators to carry out an independent                research program at the institution of higher education chosen by such                investigator, to last for a period not greater than 2 years.݁݁ ݁ (the �

Immigration

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Flores Settlement Update and Establishment Act of 2022''. SEC. 2. HOLDING AND PROCESSING OF MINOR CHILDREN. (a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. (2) Require each member of a family unit seeking asylum at the United States-Mexico border to take a DNA test, within 72 hours of such family unit encountering the U.S. Customs and Border Protection, to ensure that the minor children and an adult of the family unit are first-degree or second-degree relatives (as described in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto)). (3) Require the detention and segregation, at the same site, of minor children and each adult in a family unit until evidence of a familial relationship is established pursuant to paragraph (2). (4) Segregate unaccompanied alien children from non-related adults. (5) Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children. (6) Segregate a family unit from other populations at the same facility. (7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. (B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. (C) Access to drinking water and food. (D) Access to appropriate medical assistance. (E) Facilities that have adequate temperature control and ventilation. (F) Adequate supervision to protect the minor child. (b) Prosecution of Certain Adults.--If the Secretary of Homeland Security determines that minor child and adult, presenting as a family unit, are not first-degree or second-degree relatives (as described in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto)) pursuant to the DNA test required under subsection (a)(2), the adult shall be referred to the Attorney General for appropriate action under-- (1) section 1201 of title 18, United States Code; (2) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); (3) section 2422 of title 18, United States Code; (4) section 1591 of title 18, United States Code; or (5) any other Federal law determined by the Attorney General to be appropriate. (c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. (d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(ii) Familial relation.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is a first-degree or second- degree relative of the unaccompanied alien child as defined in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto). ``(iii) Criminal conviction.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian has not been convicted, or have a charge pending at the time of consideration of being a proposed custodian, for a crime of violence (as defined by section 16 of title 18, United States Code), a sexual offense, an offense with respect to human trafficking, or kidnapping (as described in section 1201 of title 18, United States Code) at the Federal, State, or local level. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. (e) Age Determinations.--Section 235(b)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(4)) is amended-- (1) by striking ``The Secretary of Health and Human Services, in consultation'' and inserting: ``(A) In general.--The Secretary of Health and Human Services, in consultation''; and (2) by adding at the end the following new subparagraphs: ``(B) Rule of construction.-- ``(i) Reasonable person.--Nothing in this paragraph may be construed-- ``(I) to prevent the Secretary of Homeland Security from treating an alien who claims to be a minor, but for whom the Commissioner of the U.S. Customs and Border Protection reasonably concludes is an adult, as an adult; or ``(II) to prevent the Commissioner of the U.S. Customs and Border Protection from segregating a minor child from other minor children if they reasonably conclude such minor child is a threat to other minor children. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025. (2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025. <all>

This bill modifies and provides statutory authority for certain policies pertaining to the treatment of minors without lawful immigration status under the Flores settlement and revises certain human trafficking laws. For example, the bill requires each member of a family unit seeking asylum to take a DNA test to verify familial relationships within 72 hours of the family encountering U.S. Customs and Border Protection.

SEC. 2. HOLDING AND PROCESSING OF MINOR CHILDREN. (a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. (6) Segregate a family unit from other populations at the same facility. (7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. (B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. (E) Facilities that have adequate temperature control and ventilation. 1324); (3) section 2422 of title 18, United States Code; (4) section 1591 of title 18, United States Code; or (5) any other Federal law determined by the Attorney General to be appropriate. (c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ``(ii) Familial relation.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is a first-degree or second- degree relative of the unaccompanied alien child as defined in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto). ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025.

2. HOLDING AND PROCESSING OF MINOR CHILDREN. (a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. (6) Segregate a family unit from other populations at the same facility. (7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. (B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. (E) Facilities that have adequate temperature control and ventilation. 1324); (3) section 2422 of title 18, United States Code; (4) section 1591 of title 18, United States Code; or (5) any other Federal law determined by the Attorney General to be appropriate. (c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ``(ii) Familial relation.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is a first-degree or second- degree relative of the unaccompanied alien child as defined in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto). ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Flores Settlement Update and Establishment Act of 2022''. SEC. 2. HOLDING AND PROCESSING OF MINOR CHILDREN. (a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. (3) Require the detention and segregation, at the same site, of minor children and each adult in a family unit until evidence of a familial relationship is established pursuant to paragraph (2). (5) Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children. (6) Segregate a family unit from other populations at the same facility. (7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. (B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. (C) Access to drinking water and food. (D) Access to appropriate medical assistance. (E) Facilities that have adequate temperature control and ventilation. (F) Adequate supervision to protect the minor child. 1324); (3) section 2422 of title 18, United States Code; (4) section 1591 of title 18, United States Code; or (5) any other Federal law determined by the Attorney General to be appropriate. (c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(ii) Familial relation.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is a first-degree or second- degree relative of the unaccompanied alien child as defined in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto). ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025. (2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Flores Settlement Update and Establishment Act of 2022''. SEC. 2. HOLDING AND PROCESSING OF MINOR CHILDREN. (a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. (2) Require each member of a family unit seeking asylum at the United States-Mexico border to take a DNA test, within 72 hours of such family unit encountering the U.S. Customs and Border Protection, to ensure that the minor children and an adult of the family unit are first-degree or second-degree relatives (as described in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto)). (3) Require the detention and segregation, at the same site, of minor children and each adult in a family unit until evidence of a familial relationship is established pursuant to paragraph (2). (5) Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children. (6) Segregate a family unit from other populations at the same facility. (7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. (B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. (C) Access to drinking water and food. (D) Access to appropriate medical assistance. (E) Facilities that have adequate temperature control and ventilation. (F) Adequate supervision to protect the minor child. 1324); (3) section 2422 of title 18, United States Code; (4) section 1591 of title 18, United States Code; or (5) any other Federal law determined by the Attorney General to be appropriate. (c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(ii) Familial relation.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is a first-degree or second- degree relative of the unaccompanied alien child as defined in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto). ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. 1232(b)(4)) is amended-- (1) by striking ``The Secretary of Health and Human Services, in consultation'' and inserting: ``(A) In general.--The Secretary of Health and Human Services, in consultation''; and (2) by adding at the end the following new subparagraphs: ``(B) Rule of construction.-- ``(i) Reasonable person.--Nothing in this paragraph may be construed-- ``(I) to prevent the Secretary of Homeland Security from treating an alien who claims to be a minor, but for whom the Commissioner of the U.S. Customs and Border Protection reasonably concludes is an adult, as an adult; or ``(II) to prevent the Commissioner of the U.S. Customs and Border Protection from segregating a minor child from other minor children if they reasonably conclude such minor child is a threat to other minor children. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025. (2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. ( (5) Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children. ( B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. ( 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025. ( 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. HOLDING AND PROCESSING OF MINOR CHILDREN. ( 7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. ( D) Access to appropriate medical assistance. ( c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. HOLDING AND PROCESSING OF MINOR CHILDREN. ( 7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. ( D) Access to appropriate medical assistance. ( c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. ( (5) Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children. ( B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. ( 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025. ( 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. HOLDING AND PROCESSING OF MINOR CHILDREN. ( 7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. ( D) Access to appropriate medical assistance. ( c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. ( (5) Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children. ( B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. ( 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025. ( 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. HOLDING AND PROCESSING OF MINOR CHILDREN. ( 7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. ( D) Access to appropriate medical assistance. ( c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. a) Treatment of Minor Children.--Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall: (1) Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services. ( (5) Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children. ( B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. ( 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ``(iii) Transnational criminal organization defined.--For the purposes of this subparagraph, the term `transnational criminal organization' means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.''. (f) Authorization of Appropriation.-- (1) DNA testing.--There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025. ( 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. HOLDING AND PROCESSING OF MINOR CHILDREN. ( 7) Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. ( D) Access to appropriate medical assistance. ( c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' and inserting ``120 days''. ( d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph: ``(D) Additional requirements for proposed custodians.-- ``(i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(II) Sexual offense.--The term `sexual offense' means an act described in subsections (a) through (d) of section 920, title 10, United States Code. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes. ``(iv) Definitions.--For the purposes of this subparagraph: ``(I) Crime of violence.--The term `crime of violence' shall have the meaning given such term in section 16 of title 18, United States Code. ``(III) Offense with respect to human trafficking.--The term `offense with respect to human trafficking' means-- ``(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or ``(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.''. ``(ii) Display of certain affiliation.-- Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult. ( 2) Facilities.--There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.

This bill requires U.S. Customs and Border Protection (CBP) to (1) permit a minor child to be held by CBP for not more than 120 days prior to being transferred to the Department of Health and Human Services (HHS), and (2) require each member of a family unit seeking asylum to take a DNA test within 72 hours of encountering CBP to ensure that the minor children and an adult of the family unit are first-degree or second-degree relatives. CBP must also detain and segregate unaccompanied alien children from non-related individuals until evidence of a familial relationship is established.

This bill requires U.S. Customs and Border Protection (CBP) to (1) permit a minor child to be held by CBP for not more than 120 days prior to being transferred to the Department of Health and Human Services (HHS), (2) require each member of a family unit seeking asylum at the United States-Mexico border to take a DNA test within 72 hours of such family unit encountering CBP, and (3) require CBP to ensure that the minor children and an adult of the family unit are first-degree or second-degree relatives.

This bill requires U.S. Customs and Border Protection (CBP) to (1) allow a minor child to be held by CBP for not more than 120 days prior to being transferred to the Department of Health and Human Services (HHS), and (2) require CBP to provide each minor child with facilities that are safe and sanitary. CBP may not place an unaccompanied alien child with a proposed custodian unless HHS determines that the custodian is a first-degree or second-degree relative of the child. The bill also requires CBP, in consultation with HHS, to conduct DNA testing

This bill requires the Department of Homeland Security (DHS) to (1) permit a minor child to be held by DHS for not more than 120 days prior to being transferred to Health and Human Services (HHS), and (2) provide each minor child with facilities that are safe and sanitary. HHS may not place an unaccompanied alien child with a proposed custodian unless DHS determines that the custodian is a first-degree or second-degree relative of the child. DHS must also provide each child with access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use

This bill requires the Department of Homeland Security (DHS) to (1) permit a minor child to be held by DHS for not more than 120 days prior to being transferred to HHS, and (2) segregate the child and each adult in a family unit until evidence of a familial relationship is established. DHS may not place an unaccompanied alien child with a proposed custodian unless HHS determines that the custodian is a first-degree or second-degree relative of the child.

This bill requires U.S. Customs and Border Protection (CBP) to (1) permit a minor child to be held by CBP for not more than 120 days prior to being transferred to the Department of Health and Human Services (HHS), (2) require each member of a family unit seeking asylum to take a DNA test within 72 hours of the family unit encountering the border, (3) ensure that the minor children and an adult are first-degree or second-degree relatives, and (4) segregate such family unit from other populations at the same facility until evidence of a familial relationship is established.

This bill reauthorizes through FY2025 and revises provisions related to the holding and processing of unaccompanied alien children. Specifically, the bill requires U.S. Customs and Border Protection (CBP) to provide each minor child with (1) facilities that are safe and sanitary, and (2) access to appropriate medical assistance. CBP may not place an unaccompanied alien child with a proposed custodian unless the Department of Health and Human Services (HHS) determines that such custodian is lawfully present in the United States. The bill also requires CBP to establish a process for the release of an unaccompanied

This bill requires the Department of Homeland Security (DHS) to (1) permit a minor child to be held by DHS for not more than 120 days prior to being transferred to HHS, and (2) segregate unaccompanied alien children who are prepubescent from post-pubescent children. DHS may not place an unaccompanied alien child with a proposed custodian unless DHS determines that the custodian is lawfully present in the United States.

SECTION 1. SHORT TITLE.To amend the William Wilberforce Trafficking Victims Protection                 Reauthorization Act of 2008 with respect to minor children, and for � The United States Department of Homeland Security and the Secretary of Health and Human Services, as well as for the purposes described in section 1635.3 of title 29, Code of                                the United States Immigration and Customs Enforcement and Border Protection, to ensure that the minor children and an                                             the Secretary of the United States of America, and the                 and                 

Government Operations and Politics

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Periodically Listing Updates to Management Act'' or the ``PLUM Act''. SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING POSITIONS. (a) Establishment.-- (1) In general.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 3330f. Government policy and supporting position data ``(a) Definitions.--In this section: ``(1) Agency.--The term `agency' means-- ``(A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission; ``(B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and ``(C) the Executive Office of the President and any component within such Office (including any successor component), including-- ``(i) the Council of Economic Advisors; ``(ii) the Council on Environmental Quality; ``(iii) the National Security Council; ``(iv) the Office of the Vice President; ``(v) the Office of Policy Development; ``(vi) the Office of Administration; ``(vii) the Office of Management and Budget; ``(viii) the Office of the United States Trade Representative; ``(ix) the Office of Science and Technology Policy; ``(x) the Office of National Drug Control Policy; and ``(xi) the White House Office, including the White House Office of Presidential Personnel. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(3) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(4) Appointee.--The term `appointee'-- ``(A) means an individual serving in a policy and supporting position; and ``(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with-- ``(i) sections 3345 through 3349d (commonly referred to as the `Federal Vacancies Reform Act of 1998'); ``(ii) any other statutory provision described in section 3347(a)(1); or ``(iii) a Presidential appointment described in section 3347(a)(2). ``(5) Policy and supporting position.--The term `policy and supporting position' means-- ``(A) a position that requires appointment by the President, by and with the advice and consent of the Senate; ``(B) a position that requires or permits appointment by the President or Vice President, without the advice and consent of the Senate; ``(C) a position occupied by a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a); ``(D) a position of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation; ``(E) a position in the Senior Foreign Service; ``(F) any career position at an agency that, but for this section and section 2(b)(3) of the PLUM Act, would be included in the publication entitled `United States Government Policy and Supporting Positions', commonly referred to as the `Plum Book'; and ``(G) any other position classified at or above level GS-14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties. ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall establish, and thereafter maintain, a public website containing the following information for the President then in office and for each subsequent President: ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(3) Information on any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132, and for the total number of positions in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, and total number of individuals occupying such positions. ``(c) Contents.--With respect to any policy and supporting position listed on the covered website, the Director shall include-- ``(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located; ``(2) the name of the position; ``(3) the name of the individual occupying such position (if any); ``(4) the geographic location of the position, including the city, State or province, and country; ``(5) the pay system under which the position is paid; ``(6) the level, grade, or rate of pay; ``(7) the term or duration of the appointment (if any); ``(8) the expiration date, in the case of a time-limited appointment; ``(9) a unique identifier for each appointee to enable tracking such appointee across positions; ``(10) whether the position is vacant, and in the case of a vacancy, for positions for which appointment is required to be made by the President by and with the advice and consent of the Senate, the name of the acting official, and, for other positions, the name of the official performing the duties of the vacant position. ``(d) Current Data.--For each agency, the Director shall indicate the date that the agency last updated the data. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(f) Authority of Director.-- ``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded pursuant to paragraph (4). ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including-- ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; ``(B) data quality assurance methods; and ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). ``(3) Public accountability.--The Director shall identify on the covered website any agency that has failed to provide-- ``(A) the information required by the Director; ``(B) complete, accurate, and reliable information; or ``(C) the information during the timeframe specified by the Director. ``(4) Monthly updates.-- ``(A) Not later than 90 days after the date the covered website is established, and not less than once during each 30 day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on-- ``(i) the policy and supporting positions in the agency; ``(ii) the appointees occupying such positions in the agency; and ``(iii) the former appointees who served in the agency under the President then in office. ``(B) Information provided under subparagraph (A) shall supplement, not supplant, previously provided data under such subparagraph. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than one full- time employee, to assist any agency with implementing this section. ``(6) Coordination.--The Director may designate one or more Federal agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the Federal agency so designated. ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(8) Regulations.--The Director may prescribe regulations necessary for the administration of this section. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(2) Ensuring completeness, accuracy, and reliability.-- With respect to any submission of information described in paragraph (1), the head of an agency shall include an explanation of how the agency ensured the information is complete, accurate, and reliable, and a certification that such information is complete, accurate, and reliable. ``(h) Information Verification.-- ``(1) In general.--Not less frequently than semiannually, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to- date. On the date of any such confirmation, the Director shall publish on the covered website a certification that such confirmation has been made. ``(2) Authority of director.--In carrying out paragraph (1), the Director may-- ``(A) request additional information from an agency; and ``(B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification. ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. ``(i) Data Archiving.-- ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. ``(2) Public availability.--The Director shall make the data described in paragraph (1) publicly available over the internet-- ``(A) on, or through a link on, the covered website; ``(B) at no cost; and ``(C) in a searchable, sortable, downloadable, and machine-readable format. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. Such report shall provide such information in a structured data format that is searchable, sortable, and downloadable, makes use of common identifiers wherever possible, and contains current and historical data regarding such information. ``(2) Contents.-- ``(A) In general.--Each report published under paragraph (1) shall include self-identified data on race, ethnicity, tribal affiliation, gender, disability, sexual orientation, veteran status, and whether the appointee is over the age of 40 with respect to each type of appointee. Such a report shall allow for users of the covered website to view the type of appointee by agency or component, along with these self-identified data, alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. ``(B) Option to not specify.--When collecting each category of data described in subparagraph (A), each appointee shall be allowed an option to not specify with respect to any such category. ``(C) Consultation.--The Director shall consult with the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding reports published under this subsection and the information in such reports to determine whether the intent of this section is being fulfilled and if additional information or other changes are needed for such reports. ``(3) Exclusion of career positions.--For purposes of applying the term `appointee' in this subsection, such term does not include any individual appointed to a position described in subsection (a)(5)(F).''. (2) Clerical amendment.--The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``3330f. Government policy and supporting position data.''. (b) Other Matters.-- (1) Authorization of appropriations.--There is authorized to be appropriated $7,000,000, to remain available until expended, for-- (A) developing the website under section 3330f(b) of title 5, United States Code, as added by subsection (a)(1); and (B) updating any data system operated by, or under the authority of, the Office of Personnel Management that will be used to carry out such section. (2) GAO review and report.--Not later than 1 year after the date such website is established, the Comptroller General shall conduct a review, and issue a briefing or report, on the implementation of this Act and the amendments made by this Act. The review shall include-- (A) the quality of data required to be collected and whether such data is complete, accurate, timely, and reliable; (B) any challenges experienced by agencies in implementing this Act and the amendments made by this Act; and (C) any suggestions or modifications to enhance compliance with this Act and the amendments made by this Act, including best practices for agencies to follow. (3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published. Union Calendar No. 157 117th CONGRESS 1st Session H. R. 2043 [Report No. 117-169, Part I] _______________________________________________________________________

This bill replaces the congressional publication titled United States Government Policy and Supporting Positions, commonly known as the PLUM Book, with an online public directory. The PLUM Book contains personnel information for federal civil service leadership and support positions in the legislative and executive branches that may be subject to noncompetitive appointment, including heads of agencies and policy executives. The book is used to identify presidentially appointed positions and is published every four years (after each presidential election) by certain congressional committees. The bill requires the Office of Personnel Management (OPM) to publish the information contained in the PLUM Book on a public website in a format that is easily searchable and that otherwise meets certain data standards. Agencies must upload updated information to the website on a monthly basis; OPM must verify the accuracy of the information twice a year in coordination with the White House Office of Presidential Personnel. The bill terminates publication of the PLUM Book in its current form on January 1, 2024.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Periodically Listing Updates to Management Act'' or the ``PLUM Act''. SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING POSITIONS. 3330f. ``(3) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(3) Information on any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132, and for the total number of positions in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, and total number of individuals occupying such positions. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(f) Authority of Director.-- ``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded pursuant to paragraph (4). ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(2) Ensuring completeness, accuracy, and reliability.-- With respect to any submission of information described in paragraph (1), the head of an agency shall include an explanation of how the agency ensured the information is complete, accurate, and reliable, and a certification that such information is complete, accurate, and reliable. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. ``(B) Option to not specify.--When collecting each category of data described in subparagraph (A), each appointee shall be allowed an option to not specify with respect to any such category. Government policy and supporting position data.''. (2) GAO review and report.--Not later than 1 year after the date such website is established, the Comptroller General shall conduct a review, and issue a briefing or report, on the implementation of this Act and the amendments made by this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Periodically Listing Updates to Management Act'' or the ``PLUM Act''. SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING POSITIONS. 3330f. ``(3) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(3) Information on any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132, and for the total number of positions in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, and total number of individuals occupying such positions. ``(f) Authority of Director.-- ``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded pursuant to paragraph (4). ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(2) Ensuring completeness, accuracy, and reliability.-- With respect to any submission of information described in paragraph (1), the head of an agency shall include an explanation of how the agency ensured the information is complete, accurate, and reliable, and a certification that such information is complete, accurate, and reliable. ``(B) Option to not specify.--When collecting each category of data described in subparagraph (A), each appointee shall be allowed an option to not specify with respect to any such category. Government policy and supporting position data.''. (2) GAO review and report.--Not later than 1 year after the date such website is established, the Comptroller General shall conduct a review, and issue a briefing or report, on the implementation of this Act and the amendments made by this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Periodically Listing Updates to Management Act'' or the ``PLUM Act''. SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING POSITIONS. 3330f. ``(3) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(3) Information on any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132, and for the total number of positions in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, and total number of individuals occupying such positions. ``(c) Contents.--With respect to any policy and supporting position listed on the covered website, the Director shall include-- ``(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located; ``(2) the name of the position; ``(3) the name of the individual occupying such position (if any); ``(4) the geographic location of the position, including the city, State or province, and country; ``(5) the pay system under which the position is paid; ``(6) the level, grade, or rate of pay; ``(7) the term or duration of the appointment (if any); ``(8) the expiration date, in the case of a time-limited appointment; ``(9) a unique identifier for each appointee to enable tracking such appointee across positions; ``(10) whether the position is vacant, and in the case of a vacancy, for positions for which appointment is required to be made by the President by and with the advice and consent of the Senate, the name of the acting official, and, for other positions, the name of the official performing the duties of the vacant position. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(f) Authority of Director.-- ``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded pursuant to paragraph (4). ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(2) Ensuring completeness, accuracy, and reliability.-- With respect to any submission of information described in paragraph (1), the head of an agency shall include an explanation of how the agency ensured the information is complete, accurate, and reliable, and a certification that such information is complete, accurate, and reliable. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. ``(B) Option to not specify.--When collecting each category of data described in subparagraph (A), each appointee shall be allowed an option to not specify with respect to any such category. (2) Clerical amendment.--The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``3330f. Government policy and supporting position data.''. (2) GAO review and report.--Not later than 1 year after the date such website is established, the Comptroller General shall conduct a review, and issue a briefing or report, on the implementation of this Act and the amendments made by this Act. Union Calendar No.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Periodically Listing Updates to Management Act'' or the ``PLUM Act''. SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING POSITIONS. 3330f. ``(3) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(3) Information on any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132, and for the total number of positions in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, and total number of individuals occupying such positions. ``(c) Contents.--With respect to any policy and supporting position listed on the covered website, the Director shall include-- ``(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located; ``(2) the name of the position; ``(3) the name of the individual occupying such position (if any); ``(4) the geographic location of the position, including the city, State or province, and country; ``(5) the pay system under which the position is paid; ``(6) the level, grade, or rate of pay; ``(7) the term or duration of the appointment (if any); ``(8) the expiration date, in the case of a time-limited appointment; ``(9) a unique identifier for each appointee to enable tracking such appointee across positions; ``(10) whether the position is vacant, and in the case of a vacancy, for positions for which appointment is required to be made by the President by and with the advice and consent of the Senate, the name of the acting official, and, for other positions, the name of the official performing the duties of the vacant position. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(f) Authority of Director.-- ``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded pursuant to paragraph (4). ``(B) Information provided under subparagraph (A) shall supplement, not supplant, previously provided data under such subparagraph. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than one full- time employee, to assist any agency with implementing this section. ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(2) Ensuring completeness, accuracy, and reliability.-- With respect to any submission of information described in paragraph (1), the head of an agency shall include an explanation of how the agency ensured the information is complete, accurate, and reliable, and a certification that such information is complete, accurate, and reliable. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. Such a report shall allow for users of the covered website to view the type of appointee by agency or component, along with these self-identified data, alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. ``(B) Option to not specify.--When collecting each category of data described in subparagraph (A), each appointee shall be allowed an option to not specify with respect to any such category. ``(C) Consultation.--The Director shall consult with the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding reports published under this subsection and the information in such reports to determine whether the intent of this section is being fulfilled and if additional information or other changes are needed for such reports. (2) Clerical amendment.--The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``3330f. Government policy and supporting position data.''. (2) GAO review and report.--Not later than 1 year after the date such website is established, the Comptroller General shall conduct a review, and issue a briefing or report, on the implementation of this Act and the amendments made by this Act. (3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published. Union Calendar No. 157 117th CONGRESS 1st Session H. R. 2043 [Report No. 117-169, Part I] _______________________________________________________________________

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. a) Establishment.-- (1) In general.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(3) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(4) Appointee.--The term `appointee'-- ``(A) means an individual serving in a policy and supporting position; and ``(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with-- ``(i) sections 3345 through 3349d (commonly referred to as the `Federal Vacancies Reform Act of 1998'); ``(ii) any other statutory provision described in section 3347(a)(1); or ``(iii) a Presidential appointment described in section 3347(a)(2). ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall establish, and thereafter maintain, a public website containing the following information for the President then in office and for each subsequent President: ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(d) Current Data.--For each agency, the Director shall indicate the date that the agency last updated the data. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(3) Public accountability.--The Director shall identify on the covered website any agency that has failed to provide-- ``(A) the information required by the Director; ``(B) complete, accurate, and reliable information; or ``(C) the information during the timeframe specified by the Director. ``(4) Monthly updates.-- ``(A) Not later than 90 days after the date the covered website is established, and not less than once during each 30 day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on-- ``(i) the policy and supporting positions in the agency; ``(ii) the appointees occupying such positions in the agency; and ``(iii) the former appointees who served in the agency under the President then in office. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than one full- time employee, to assist any agency with implementing this section. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. ``(i) Data Archiving.-- ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. Such a report shall allow for users of the covered website to view the type of appointee by agency or component, along with these self-identified data, alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. ``(B) Option to not specify.--When collecting each category of data described in subparagraph (A), each appointee shall be allowed an option to not specify with respect to any such category. (b) Other Matters.-- (1) Authorization of appropriations.--There is authorized to be appropriated $7,000,000, to remain available until expended, for-- (A) developing the website under section 3330f(b) of title 5, United States Code, as added by subsection (a)(1); and (B) updating any data system operated by, or under the authority of, the Office of Personnel Management that will be used to carry out such section. ( 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall establish, and thereafter maintain, a public website containing the following information for the President then in office and for each subsequent President: ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(d) Current Data.--For each agency, the Director shall indicate the date that the agency last updated the data. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including-- ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; ``(B) data quality assurance methods; and ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. ``(2) Contents.-- ``(A) In general.--Each report published under paragraph (1) shall include self-identified data on race, ethnicity, tribal affiliation, gender, disability, sexual orientation, veteran status, and whether the appointee is over the age of 40 with respect to each type of appointee. (b) Other Matters.-- (1) Authorization of appropriations.--There is authorized to be appropriated $7,000,000, to remain available until expended, for-- (A) developing the website under section 3330f(b) of title 5, United States Code, as added by subsection (a)(1); and (B) updating any data system operated by, or under the authority of, the Office of Personnel Management that will be used to carry out such section. ( 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall establish, and thereafter maintain, a public website containing the following information for the President then in office and for each subsequent President: ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(d) Current Data.--For each agency, the Director shall indicate the date that the agency last updated the data. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including-- ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; ``(B) data quality assurance methods; and ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. ``(2) Contents.-- ``(A) In general.--Each report published under paragraph (1) shall include self-identified data on race, ethnicity, tribal affiliation, gender, disability, sexual orientation, veteran status, and whether the appointee is over the age of 40 with respect to each type of appointee. (b) Other Matters.-- (1) Authorization of appropriations.--There is authorized to be appropriated $7,000,000, to remain available until expended, for-- (A) developing the website under section 3330f(b) of title 5, United States Code, as added by subsection (a)(1); and (B) updating any data system operated by, or under the authority of, the Office of Personnel Management that will be used to carry out such section. ( 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. a) Establishment.-- (1) In general.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``Sec. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(3) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(4) Appointee.--The term `appointee'-- ``(A) means an individual serving in a policy and supporting position; and ``(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with-- ``(i) sections 3345 through 3349d (commonly referred to as the `Federal Vacancies Reform Act of 1998'); ``(ii) any other statutory provision described in section 3347(a)(1); or ``(iii) a Presidential appointment described in section 3347(a)(2). ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall establish, and thereafter maintain, a public website containing the following information for the President then in office and for each subsequent President: ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(d) Current Data.--For each agency, the Director shall indicate the date that the agency last updated the data. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(3) Public accountability.--The Director shall identify on the covered website any agency that has failed to provide-- ``(A) the information required by the Director; ``(B) complete, accurate, and reliable information; or ``(C) the information during the timeframe specified by the Director. ``(4) Monthly updates.-- ``(A) Not later than 90 days after the date the covered website is established, and not less than once during each 30 day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on-- ``(i) the policy and supporting positions in the agency; ``(ii) the appointees occupying such positions in the agency; and ``(iii) the former appointees who served in the agency under the President then in office. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than one full- time employee, to assist any agency with implementing this section. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. ``(i) Data Archiving.-- ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. Such a report shall allow for users of the covered website to view the type of appointee by agency or component, along with these self-identified data, alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. ``(B) Option to not specify.--When collecting each category of data described in subparagraph (A), each appointee shall be allowed an option to not specify with respect to any such category. (b) Other Matters.-- (1) Authorization of appropriations.--There is authorized to be appropriated $7,000,000, to remain available until expended, for-- (A) developing the website under section 3330f(b) of title 5, United States Code, as added by subsection (a)(1); and (B) updating any data system operated by, or under the authority of, the Office of Personnel Management that will be used to carry out such section. ( 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall establish, and thereafter maintain, a public website containing the following information for the President then in office and for each subsequent President: ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(d) Current Data.--For each agency, the Director shall indicate the date that the agency last updated the data. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including-- ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; ``(B) data quality assurance methods; and ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee. ``(2) Contents.-- ``(A) In general.--Each report published under paragraph (1) shall include self-identified data on race, ethnicity, tribal affiliation, gender, disability, sexual orientation, veteran status, and whether the appointee is over the age of 40 with respect to each type of appointee. (b) Other Matters.-- (1) Authorization of appropriations.--There is authorized to be appropriated $7,000,000, to remain available until expended, for-- (A) developing the website under section 3330f(b) of title 5, United States Code, as added by subsection (a)(1); and (B) updating any data system operated by, or under the authority of, the Office of Personnel Management that will be used to carry out such section. ( 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(4) Monthly updates.-- ``(A) Not later than 90 days after the date the covered website is established, and not less than once during each 30 day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on-- ``(i) the policy and supporting positions in the agency; ``(ii) the appointees occupying such positions in the agency; and ``(iii) the former appointees who served in the agency under the President then in office. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than one full- time employee, to assist any agency with implementing this section. ``(i) Data Archiving.-- ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. Such a report shall allow for users of the covered website to view the type of appointee by agency or component, along with these self-identified data, alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including-- ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; ``(B) data quality assurance methods; and ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(4) Monthly updates.-- ``(A) Not later than 90 days after the date the covered website is established, and not less than once during each 30 day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on-- ``(i) the policy and supporting positions in the agency; ``(ii) the appointees occupying such positions in the agency; and ``(iii) the former appointees who served in the agency under the President then in office. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than one full- time employee, to assist any agency with implementing this section. ``(i) Data Archiving.-- ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. Such a report shall allow for users of the covered website to view the type of appointee by agency or component, along with these self-identified data, alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including-- ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; ``(B) data quality assurance methods; and ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this Act, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(j) Reports.-- ``(1) In general.--Not less frequently than one year after the covered website is established and not less than annually thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that contains summary level information on the demographics of any appointee.

To amend title 5, United States Code, to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. ``(2) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(4) Monthly updates.-- ``(A) Not later than 90 days after the date the covered website is established, and not less than once during each 30 day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on-- ``(i) the policy and supporting positions in the agency; ``(ii) the appointees occupying such positions in the agency; and ``(iii) the former appointees who served in the agency under the President then in office. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than one full- time employee, to assist any agency with implementing this section. ``(i) Data Archiving.-- ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. Such a report shall allow for users of the covered website to view the type of appointee by agency or component, along with these self-identified data, alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. 3) Sunset of plum book.--Beginning on January 1, 2024, such website shall serve as the public directory for policy and supporting positions in the Government, and the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.

This bill requires the Office of Personnel Management (OPM) to establish and maintain a public directory of the individuals occupying government policy and supporting positions. The OPM must periodically update the directory.

This bill requires the Office of Personnel Management (OPM) to establish and maintain a public directory of the individuals occupying government policy and supporting positions.

This bill requires the Office of Personnel Management (OPM) to establish a public website on government policy and supporting position data. The OPM must make available on the website information regarding on data collection standards, quality assurance methods, and time frames for reporting data to the OPM, including the name of each individual who is serving in a position and who previously served in such a position under the applicable President. Each agency must provide OPM with information that is necessary to establish and maintain the website, including information on any government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service and

This bill requires the Office of Personnel Management (OPM) to establish a public website that contains summary level information on the demographics of appointees. The OPM must make the data available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open government data asset.

This bill requires the Office of Personnel Management (OPM) to establish a public website that lists federal policy and supporting positions. The OPM must make the data on the website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open government data asset.

This bill requires the Office of Personnel Management (OPM) to establish a public website that lists federal agency policies and supporting positions. The OPM must make the data on the website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open government data asset.

This bill requires the Office of Personnel Management (OPM) to establish and maintain a public website containing the following information for the President then in office and for each subsequent President: Each policy and supporting position in the federal government, including any such position that is vacant. The bill also requires the OPM to publish a report on the website that contains summary level information on the demographics of appointees.

This bill requires the Office of Personnel Management (OPM) to establish and maintain a public directory of each policy and supporting position in the federal government, including any such position that is vacant. The OPM must make the data available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open government data asset.

To amend title 5, United States Code, to require the Director of the                 The United States Office of Personnel Management to establish and maintain a public                directory of the individuals occupying Government policy and supporting        (1) In general.--Subchapter I of chapter 33 of the United States                 (2) The                (3) United States of America in Congress assembled, is amended by adding at the end the                                 (4)                       )                      (5)           )(6)   

Health

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2021'' or the ``DEVICE Act of 2021''. SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION CHANGES. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the following: ``(r) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(s) Reporting Requirement for Certain Communications to Foreign Health Care Providers.-- ``(1) Requirement.--The manufacturer of a device that is marketed in interstate commerce shall give written notice to the Food and Drug Administration of any communication described in paragraph (2) not more than 5 calendar days after making such communication. ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. (a) Inclusion in Device Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in paragraph (h)-- (A) in subparagraph (2), by striking ``or'' at the end; (B) in subparagraph (3), by striking ``and'' at the end and inserting ``or''; and (C) by inserting after subparagraph (3) the following: ``(4) a rapid assessment test intended to ensure the proper reprocessing of a reusable device (as defined in paragraph (ss)), and''; and (2) by adding at the end the following: ``(ss) The term `reusable device' means a device that-- ``(1) is intended to be used more than one time; and ``(2) must be sanitized (whether through cleaning, disinfection, or sterilization) to ensure that the device is safe and effective for such intended use.''. (b) Instructions for Use and Validation Data.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''. <all>

This bill addresses design changes and reprocessing of medical devices. Specifically, medical device manufacturers must notify the Food and Drug Administration (1) before making changes to the design or reprocessing instructions of a device, and (2) no more than five days after widely disseminating to health care providers in a foreign country communications regarding changes to the design or reprocessing instructions of a device or regarding a safety concern about a device. (Reprocessing of medical devices is the process for cleaning and sterilizing or disinfecting devices for reuse.) A device may not be sold if the manufacturer violates these notification requirements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2021'' or the ``DEVICE Act of 2021''. 2. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. 360) is amended by adding at the end the following: ``(r) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. 321) is amended-- (1) in paragraph (h)-- (A) in subparagraph (2), by striking ``or'' at the end; (B) in subparagraph (3), by striking ``and'' at the end and inserting ``or''; and (C) by inserting after subparagraph (3) the following: ``(4) a rapid assessment test intended to ensure the proper reprocessing of a reusable device (as defined in paragraph (ss)), and''; and (2) by adding at the end the following: ``(ss) The term `reusable device' means a device that-- ``(1) is intended to be used more than one time; and ``(2) must be sanitized (whether through cleaning, disinfection, or sterilization) to ensure that the device is safe and effective for such intended use.''. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2021'' or the ``DEVICE Act of 2021''. 2. 360) is amended by adding at the end the following: ``(r) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''.

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2021'' or the ``DEVICE Act of 2021''. 2. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. 360) is amended by adding at the end the following: ``(r) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(s) Reporting Requirement for Certain Communications to Foreign Health Care Providers.-- ``(1) Requirement.--The manufacturer of a device that is marketed in interstate commerce shall give written notice to the Food and Drug Administration of any communication described in paragraph (2) not more than 5 calendar days after making such communication. ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. (a) Inclusion in Device Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in paragraph (h)-- (A) in subparagraph (2), by striking ``or'' at the end; (B) in subparagraph (3), by striking ``and'' at the end and inserting ``or''; and (C) by inserting after subparagraph (3) the following: ``(4) a rapid assessment test intended to ensure the proper reprocessing of a reusable device (as defined in paragraph (ss)), and''; and (2) by adding at the end the following: ``(ss) The term `reusable device' means a device that-- ``(1) is intended to be used more than one time; and ``(2) must be sanitized (whether through cleaning, disinfection, or sterilization) to ensure that the device is safe and effective for such intended use.''. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''.

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2021'' or the ``DEVICE Act of 2021''. SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION CHANGES. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the following: ``(r) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(s) Reporting Requirement for Certain Communications to Foreign Health Care Providers.-- ``(1) Requirement.--The manufacturer of a device that is marketed in interstate commerce shall give written notice to the Food and Drug Administration of any communication described in paragraph (2) not more than 5 calendar days after making such communication. ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. (a) Inclusion in Device Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in paragraph (h)-- (A) in subparagraph (2), by striking ``or'' at the end; (B) in subparagraph (3), by striking ``and'' at the end and inserting ``or''; and (C) by inserting after subparagraph (3) the following: ``(4) a rapid assessment test intended to ensure the proper reprocessing of a reusable device (as defined in paragraph (ss)), and''; and (2) by adding at the end the following: ``(ss) The term `reusable device' means a device that-- ``(1) is intended to be used more than one time; and ``(2) must be sanitized (whether through cleaning, disinfection, or sterilization) to ensure that the device is safe and effective for such intended use.''. (b) Instructions for Use and Validation Data.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''. <all>

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. ( 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. ( 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. ( 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. ( 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. ( 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. ( 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. ( 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. ( 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(s) (relating to communications to foreign health care providers).''. ( ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1).

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical device communications and ensure device cleanliness. a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to design and reprocessing changes).''. ( ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(t) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary.

This bill requires the Food and Drug Administration (FDA) to require the manufacturer of a medical device that is marketed in interstate commerce to give written notice of any change to the design or reprocessing instructions of the device to the FDA. The bill also requires the FDA to report to foreign health care providers (e.g., manufacturers of medical devices) about any changes to the device's design, including whether the manufacturer is in violation of the reporting requirement.

This bill requires the Food and Drug Administration (FDA) to require manufacturers of medical devices to notify the FDA of changes to the design or reprocessing instructions of such devices within five calendar days of making such changes. The FDA must also require the manufacturer to notify foreign health care providers of such changes within five days.

This bill requires the Food and Drug Administration (FDA) to require manufacturers of medical devices to notify the FDA of any change to the design of a device, or reprocessing instructions, that is marketed in interstate commerce before making such a change. It also requires the FDA to publish a list of rapid assessment tests (i.e., tests that are used to evaluate the performance of a medical device) that are intended to ensure that the device is reprocessed for use in the United States.

This bill requires manufacturers of medical devices to notify the Food and Drug Administration (FDA) of any change to the design of a device, or reprocessing instructions of such a device that is marketed in interstate commerce before making such a change. The FDA must also require manufacturers to report any such changes to the FDA. The bill also requires the FDA to report to the Department of Health and Human Services (HHS) any information about a change to a reprocessed medical device that (1) is made by the manufacturer or an affiliate of the manufacturer, and (2) relates to a change in the design

This bill requires manufacturers of medical devices to notify the Food and Drug Administration (FDA) within five calendar days of a change to the design or reprocessing instructions of a device that is marketed in interstate commerce. The FDA must also develop and publish a list of types of rapid assessment tests intended to ensure the proper reproprocessing of a reusable device.

This bill requires the Food and Drug Administration (FDA) to require the manufacturer of a medical device to notify the FDA within five calendar days of a change to the design of the device or the reprocessing instructions of a device that is marketed in interstate commerce if the manufacturer is in violation of the reporting requirement. The FDA must also publish a list of rapid assessment tests intended to ensure the proper reprocessation of a reusable medical device.

This bill requires the Food and Drug Administration (FDA) to require manufacturers of medical devices to report to the FDA certain information related to communications to foreign health care providers about changes to the design of the device, a change to the recommended reprocessing protocols, or a safety concern about the device. The FDA must also develop and publish a list of types of rapid assessment tests for which reports must include instructions for use that have been validated in a manner specified by the FDA.

This bill requires the Food and Drug Administration (FDA) to require manufacturers of medical devices to report to the FDA certain communications related to design and reprocessing changes to foreign health care providers. The FDA must also develop and publish a list of types of rapid assessment tests (i.e., tests that are used to assess the quality of a medical device) that are intended to ensure that the device has been reprocessed.

To amend the Federal Food, Drug, and Cosmetic Act to enhance medical                 device communications to foreign health care providers, and to require the Food and Drug Administration (FDA) to notify the manufacturer of a device that is marketed in interstate commerce of a change to the design of the device, or a reprocessing of it, if any, to improve the quality of health care care and ensure device cleanliness.▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬▬▬▬▬ ▬▬ ▬▬▬▬ ▬▬▬▬ാ ▬============ ▬===================================================

Armed Forces and National Security

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 2300]] Public Law 117-226 117th Congress An Act To designate the medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center''. <<NOTE: Dec. 9, 2022 - [S. 3369]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Max Cleland VA Medical Center Act.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland VA Medical Center Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Joseph Maxwell Cleland was born August 24, 1942, in Atlanta, Georgia, the child of Juanita Kesler Cleland and Joseph Hughie Cleland, a World War II veteran, and grew up in Lithonia, Georgia. (2) Joseph Maxwell Cleland graduated from Stetson University in Florida in 1964, and received his Master's Degree in history from Emory University in Atlanta, Georgia. (3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. (4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. (6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action. (7) In 1970, Joseph Maxwell Cleland was elected to the Georgia Senate as the youngest member and the only Vietnam veteran, where he served until 1975. (8) As a Georgia State Senator, Joseph Maxwell Cleland authored and advanced legislation to ensure access to public facilities in Georgia for elderly and handicapped individuals. (9) In 1976, Joseph Maxwell Cleland began serving as a staffer on the Committee on Veterans' Affairs of the United States Senate. (10) In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration. [[Page 136 STAT. 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. (12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. (13) Joseph Maxwell Cleland was elected in 1982 as Secretary of State of Georgia, the youngest individual to hold the office, and served in that position for 14 years. (14) In 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia. (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. (16) In 2002, Joseph Maxwell Cleland was appointed to the 9/ 11 Commission. (17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. (18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017. (19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. (20) Joseph Maxwell Cleland authored three books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot. (21) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career. (22) Joseph Maxwell Cleland was a patriot, veteran, and lifelong civil servant who proudly served Georgia, the United States, and all veterans and members of the Armed Forces of the United States. (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. SEC. 3. JOSEPH MAXWELL CLELAND ATLANTA DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. (a) Designation.--The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'' or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. [[Page 136 STAT. 2302]] (b) Reference.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be deemed to be a reference to the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center. Approved December 9, 2022. LEGISLATIVE HISTORY--S. 3369: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): July 28, considered and passed Senate. Nov. 14, 17, considered and passed House. <all>

This act designates the Department of Veterans Affairs medical center in Atlanta, Georgia, as the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center or the Joseph Maxwell Cleland Atlanta VA Medical Center.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. SHORT TITLE. This Act may be cited as the ``Max Cleland VA Medical Center Act''. 2. FINDINGS. (3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. (4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. (6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action. 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. (12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. (14) In 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia. (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. (18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017. (19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. (20) Joseph Maxwell Cleland authored three books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot. (21) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career. (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. SEC. 3. JOSEPH MAXWELL CLELAND ATLANTA DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. [[Page 136 STAT. 2302]] (b) Reference.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be deemed to be a reference to the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center. Approved December 9, 2022. LEGISLATIVE HISTORY--S. 3369: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. SHORT TITLE. This Act may be cited as the ``Max Cleland VA Medical Center Act''. 2. FINDINGS. (3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. (4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. (6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action. 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. (14) In 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia. (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. (18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017. (19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. (20) Joseph Maxwell Cleland authored three books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot. SEC. 3. JOSEPH MAXWELL CLELAND ATLANTA DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. [[Page 136 STAT. Approved December 9, 2022. LEGISLATIVE HISTORY--S. 3369: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. <<NOTE: Dec. 9, 2022 - [S. 3369]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Max Cleland VA Medical Center Act.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland VA Medical Center Act''. 2. FINDINGS. Congress finds the following: (1) Joseph Maxwell Cleland was born August 24, 1942, in Atlanta, Georgia, the child of Juanita Kesler Cleland and Joseph Hughie Cleland, a World War II veteran, and grew up in Lithonia, Georgia. (2) Joseph Maxwell Cleland graduated from Stetson University in Florida in 1964, and received his Master's Degree in history from Emory University in Atlanta, Georgia. (3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. (4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. (6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action. (8) As a Georgia State Senator, Joseph Maxwell Cleland authored and advanced legislation to ensure access to public facilities in Georgia for elderly and handicapped individuals. (10) In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration. 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. (12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. (13) Joseph Maxwell Cleland was elected in 1982 as Secretary of State of Georgia, the youngest individual to hold the office, and served in that position for 14 years. (14) In 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia. (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. (17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. (18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017. (19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. (20) Joseph Maxwell Cleland authored three books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot. (21) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career. (22) Joseph Maxwell Cleland was a patriot, veteran, and lifelong civil servant who proudly served Georgia, the United States, and all veterans and members of the Armed Forces of the United States. (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. SEC. 3. JOSEPH MAXWELL CLELAND ATLANTA DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. [[Page 136 STAT. 2302]] (b) Reference.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be deemed to be a reference to the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center. Approved December 9, 2022. LEGISLATIVE HISTORY--S. 3369: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): July 28, considered and passed Senate. Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 2300]] Public Law 117-226 117th Congress An Act To designate the medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center''. <<NOTE: Dec. 9, 2022 - [S. 3369]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Max Cleland VA Medical Center Act.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland VA Medical Center Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Joseph Maxwell Cleland was born August 24, 1942, in Atlanta, Georgia, the child of Juanita Kesler Cleland and Joseph Hughie Cleland, a World War II veteran, and grew up in Lithonia, Georgia. (2) Joseph Maxwell Cleland graduated from Stetson University in Florida in 1964, and received his Master's Degree in history from Emory University in Atlanta, Georgia. (3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. (4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. (6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action. (7) In 1970, Joseph Maxwell Cleland was elected to the Georgia Senate as the youngest member and the only Vietnam veteran, where he served until 1975. (8) As a Georgia State Senator, Joseph Maxwell Cleland authored and advanced legislation to ensure access to public facilities in Georgia for elderly and handicapped individuals. (9) In 1976, Joseph Maxwell Cleland began serving as a staffer on the Committee on Veterans' Affairs of the United States Senate. (10) In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration. [[Page 136 STAT. 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. (12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. (13) Joseph Maxwell Cleland was elected in 1982 as Secretary of State of Georgia, the youngest individual to hold the office, and served in that position for 14 years. (14) In 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia. (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. (16) In 2002, Joseph Maxwell Cleland was appointed to the 9/ 11 Commission. (17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. (18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017. (19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. (20) Joseph Maxwell Cleland authored three books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot. (21) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career. (22) Joseph Maxwell Cleland was a patriot, veteran, and lifelong civil servant who proudly served Georgia, the United States, and all veterans and members of the Armed Forces of the United States. (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. SEC. 3. JOSEPH MAXWELL CLELAND ATLANTA DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. (a) Designation.--The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'' or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. [[Page 136 STAT. 2302]] (b) Reference.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be deemed to be a reference to the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center. Approved December 9, 2022. LEGISLATIVE HISTORY--S. 3369: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): July 28, considered and passed Senate. Nov. 14, 17, considered and passed House. <all>

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. ( 17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. ( (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. 168 (2022): July 28, considered and passed Senate.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( 4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. ( 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( 19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. ( (a) Designation.--The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'' or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. [[ Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( 4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. ( 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( 19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. ( (a) Designation.--The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'' or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. [[ Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. ( 17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. ( (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. 168 (2022): July 28, considered and passed Senate.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( 4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. ( 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( 19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. ( (a) Designation.--The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'' or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. [[ Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. ( 17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. ( (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. 168 (2022): July 28, considered and passed Senate.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( 4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. ( 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( 19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. ( (a) Designation.--The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'' or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. [[ Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. ( 17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. ( (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. 168 (2022): July 28, considered and passed Senate.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( 4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. ( 2301]] (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( 19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. ( (a) Designation.--The medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'' or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. [[ Nov. 14, 17, considered and passed House.

[117th Congress Public Law 226] [From the U.S. Government Publishing Office] [[Page 2299]] MAX CLELAND VA MEDICAL CENTER ACT [[Page 136 STAT. 3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. ( (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. ( 12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. ( (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. ( 17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. ( (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. 168 (2022): July 28, considered and passed Senate.

This act designates the medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, as the Joseph Maxwell Cleland Atlanta VA Medical Center.

This act designates the medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, as the Joseph Maxwell Cleland Atlanta VA Medical Center.

This act provides for the establishment of the Joseph Maxwell Cleland Department of Veterans Affairs Medical Center in Canton, Georgia.

This act provides for the establishment of the Max Cleland VA Medical Center in Canton, Georgia.

This act provides for the establishment of the Max Cleland VA Medical Center in Atlanta, Georgia.

This act designates the medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, as the Joseph Maxwell Cleland Atlanta VA Medical Center.

This act designates the medical center of the Department of Veterans Affairs in metropolitan Atlanta, Georgia, as the Joseph Maxwell Cleland Atlanta VA Medical Center.

This act establishes the Joseph Maxwell Cleland VA Medical Center in Canton, Georgia.

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Taxation

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Freedom Scholarships and Opportunity Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage individual and corporate taxpayers to contribute to scholarships for individual students through eligible scholarship-granting organizations and eligible workforce training organizations, as identified by States. TITLE I--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 SEC. 101. REFERENCES TO THE INTERNAL REVENUE CODE OF 1986. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 102. TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP- GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING ORGANIZATIONS. (a) Credit for Individuals.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 is amended by adding after section 25D the following new section: ``SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING ORGANIZATIONS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions made by the taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) in any taxable year shall not exceed 10 percent of the taxpayer's adjusted gross income for the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified contribution.--The term `qualified contribution' means a contribution of cash to any eligible scholarship-granting organization or eligible workforce training organization. ``(2) Qualified expense.--The term `qualified expense' means any educational expense that is-- ``(A) for an individual student's elementary or secondary education, as recognized by the State, ``(B) for the secondary education component of an individual elementary or secondary student's career and technical education, as defined by section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(5)), or ``(C) for the purpose of providing eligible individual participants with scholarships for secondary or postsecondary vocational education and training, workforce development, or apprenticeship training, including preparation and examination costs relating to portable certificates or credentials, or industry recognized certification or credentialing programs. ``(3) Eligible scholarship-granting organization.--The term `eligible scholarship-granting organization' means-- ``(A) an organization that-- ``(i) is described in section 501(c)(3) and exempt from taxation under section 501(a), ``(ii) provides qualifying scholarships for qualified expenses to only individual elementary and secondary students who-- ``(I) reside in the State in which the eligible scholarship-granting organization is recognized, or ``(II) in the case of the Bureau of Indian Education, are members of a federally recognized tribe, ``(iii) a State reports to the Secretary of Education as an eligible scholarship-granting organization pursuant to section 201(c)(5)(B) of the Education Freedom Scholarships and Opportunity Act, ``(iv) allocates at least 90 percent of qualified contributions to qualifying scholarships for qualified expenses, and ``(v) provides scholarships to-- ``(I) more than 1 eligible student, ``(II) more than 1 eligible family, and ``(III) different eligible students attending more than one education provider, or ``(B) an organization that-- ``(i) is described in section 501(c)(3) and exempt from taxation under section 501(a), and ``(ii) pursuant to State law, was able, as of the date of the enactment of the Education Freedom Scholarships and Opportunity Act, to receive contributions that are eligible for a State tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students, including scholarships for attending private schools. ``(4) Eligible workforce training organization.-- ``(A) In general.--The term `eligible workforce training organization' means any organization-- ``(i) which is-- ``(I) described in section 501(c)(3) and exempt from taxation under section 501(a), and ``(II) not a private foundation (as defined in section 509), ``(ii) whose purpose is to provide vocational education and training, workforce development, or apprenticeship training to eligible potential secondary or postsecondary students, including organizations whose purpose is to provide scholarships for portable certificates or credentials, or industry recognized certifications or credentialing programs, including preparation and examination costs, ``(iii) which is in compliance with applicable State laws, ``(iv) which a State has reported to the Secretary of Education as an eligible workforce training organization pursuant to section 201(c)(5)(B) of the Education Freedom Scholarships and Opportunity Act, ``(v) which satisfies the requirements described in clauses (iv) and (v) of paragraph (3)(A). ``(B) Potential eligible workforce training organizations.--Eligible workforce training organizations may include, but are not limited to, organizations such as the following (provided that such organizations satisfy the requirements under subparagraph (A)): ``(i) Community colleges. ``(ii) Workforce training programs (as defined by the applicable State workforce agency). ``(iii) Organizations which provide-- ``(I) career and technical education, or ``(II) training or apprenticeships, including, but not limited to, training or apprenticeships operated by a collective bargaining organization or that provide industry recognized certifications or credentials. ``(iv) Community organizations that provide training that results in a certification. ``(5) Qualifying scholarship.--The term `qualifying scholarship' means-- ``(A) a scholarship granted by an eligible scholarship-granting organization to an individual elementary or secondary student, or ``(B) a scholarship granted by an eligible workforce training organization as a scholarship to a secondary or postsecondary student for the purpose of vocational education and training, workforce development, obtaining portable certificates or credentials, or industry recognized certification or credentialing programs, including preparation and examination costs, under this section. ``(6) State.--The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(2) Not treated as income.--The amount of any such scholarship shall not be treated as income of the student or their parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. ``(3) Prohibition of control over nonpublic education providers.-- ``(A) Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. This Act shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. ``(B) Nothing in this Act shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations or eligible workforce training organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under state law. ``(C) No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. ``(4) Parental rights to use scholarships.--No participating State or entity acting on behalf of a State shall disfavor or discourage the use of such scholarships for the purchase of elementary and secondary or workforce training education services, including those services provided by private or nonprofit entities, such as faith-based providers. ``(5) State and local authority.--Nothing in this section or section 45U shall be construed to modify a State or local government's authority and responsibility to fund education. ``(e) Limitations.-- ``(1) Tax liability.--No credit allowed under this section or section 45U shall exceed the taxpayer's Federal income tax liability for the taxable year. ``(2) Prohibitions.--A taxpayer is prohibited from selling or transferring any portion of a tax credit allowed under this section or section 45U. ``(3) Denial of double benefit.--The Secretary shall prescribe such regulations or other guidance to ensure that the sum of the tax benefits provided by Federal, State, or local law for a qualified contribution receiving a Federal tax credit in any taxable year shall not exceed the sum of the qualified contributions made by the taxpayer for the taxable year. ``(f) Carryover of Credit.--If a tax credit allowed under this section or section 45U is not fully used within the applicable taxable year because of insufficient tax liability on the part of the taxpayer, the unused amount may be carried forward for a period not to exceed 5 years. ``(g) Election.--This section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year. ``(h) Alternative Minimum Tax.--For purposes of calculating the alternative minimum tax under section 55, a taxpayer may use any credit received for a qualified contribution under this section.''. (2) Clerical amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Contributions to eligible scholarship-granting organizations and eligible workforce training organizations.''. (b) Credit for Corporations.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING ORGANIZATIONS. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the domestic corporation for such taxable year. ``(c) Additional Provisions.--For purposes of this section, any qualified contributions made by a domestic corporation shall be subject to the provisions of section 25E, to the extent applicable. ``(d) Election.--This section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year.''. (2) Credit part of general business credit.--Section 38(b) is amended-- (A) by striking ``plus'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``, plus''; and (C) by adding at the end the following new paragraph: ``(34) the credit for qualified contributions determined under section 45U(a).''. (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45U. Contributions to eligible scholarship-granting organizations and eligible workforce training organizations.''. TITLE II--EDUCATION FREEDOM SCHOLARSHIPS AND OPPORTUNITY ACT WEB PORTAL AND ADMINISTRATION SEC. 201. EDUCATION FREEDOM SCHOLARSHIPS AND OPPORTUNITY ACT WEB PORTAL AND ADMINISTRATION. (a) In General.--The Secretary of Education shall, in coordination with the Secretary of the Treasury and the Secretary of Labor, establish, host, and maintain a Web portal that-- (1) lists all scholarship-granting organizations and workforce training organizations that are eligible under section 25E or 45U of the Internal Revenue Code of 1986; (2) enables a taxpayer to make a qualifying contribution to one or more eligible scholarship-granting organizations and eligible workforce training organizations and to immediately obtain both a pre-approval of a tax credit for that contribution and a receipt for tax filings; (3) provides information about the tax benefits of the provisions of the Education Freedom Scholarships and Opportunity Act under the Internal Revenue Code of 1986; and (4) enables a State to submit and update information about its programs and its eligible scholarship-granting organizations and eligible workforce training organizations for informational purposes only, including information on-- (A) student eligibility; (B) allowable educational expenses; (C) the types of allowable education providers; (D) the percentage of funds an organization may use for program administration; and (E) the percentage of total contributions the organization awards in a calendar year. (b) Nonportal Contributions.--A taxpayer may opt to make a contribution directly to an eligible scholarship-granting organization or an eligible workforce training organization, instead of through the Web portal described in subsection (a), provided that the taxpayer, or the eligible scholarship-granting organization or eligible workforce training organization on behalf of the taxpayer, applies for, and receives pre-approval for a tax credit from the Secretary of Education in coordination with the Secretary of the Treasury. (c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. (2) Allocation of cap.-- (A) Initial allocations.--For each calendar year, the Secretary of Education, in coordination with the Secretary of Labor, shall-- (i) from the amount allotted under paragraph (1)(A)-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year; and (II) next, allocate the remaining amount among the participating States by allocating to each State the sum of-- (aa) an amount that bears the same relationship to 20 percent of such remaining amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary of Education on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (bb) an amount that bears the same relationship to 80 percent of such remaining amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary of Education, on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) from the amount allotted under paragraph (1)(B)-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year attributable to eligible workforce training organizations; and (II) next, allocate the remaining amount among the participating States by allocating to each State an amount determined through a system, as established and maintained by the Secretary of Labor, that accurately reflects demand and potential qualified participants for apprenticeships and workforce training within that State. (B) Minimum allocation.--Notwithstanding subparagraph (A), no State receiving an allotment under this section may receive less than one-half of one percent of the amount allotted for a fiscal year. (C) Alternative allocation for qualified contributions to eligible scholarship-granting organizations.-- (i) In general.--Not later than the end of the fifth year of the program or one year after the end of the first fiscal year for which the total amount of credits claimed under section 25E and section 45U of the Internal Revenue Code of 1986 for qualified contributions to eligible scholarship-granting organizations is $2,500,000,000 or more, whichever comes first, the Secretary of Education shall, by regulation, provide for an alternative allocation method for the amount described in paragraph (1)(A) that shall take effect beginning with the first fiscal year after the regulation takes effect. (ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. (II) The total amount of all elementary and secondary scholarships awarded through a State program that is financed through State tax-credited donations or appropriations compared to the total amount of current State and local expenditures for free public education in the State. (iii) Allocation formula.--For any fiscal year to which clause (i) applies, the Secretary of Education shall-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year; (II) next, allocate two-thirds of the remaining amount of the national cap for that year using the alternative allocation method in clause (ii); and (III) then, allocate one-third of the remaining amount in accordance with subparagraph (A)(ii). (iv) Ineligibility.--For any fiscal year to which clause (i) applies, a State that does not provide the Secretary of Education with information described in clause (ii) is not eligible to receive an allocation through the alternative allocation method under clause (ii). (3) Allowable partnerships.--A State may choose to administer the allocation it receives under paragraph (2) in partnership with one or more States, provided that the eligible scholarship-granting organizations or eligible workforce training organizations in each partner State serve students who reside in all States in the partnership. (4) Total allocation.--A State's allocation, for any fiscal year, is the sum of the amount determined for it under subparagraphs (A) and (B) of paragraph (2), except as provided in paragraph (2)(C). (5) Allocation and adjustments.-- (A) Initial allocation to states.--No later than November 1 of the year preceding a year for which there is a national cap on credits under paragraph (1) (hereafter in this section, the ``applicable year''), or as early as practicable with respect to the first year, the Secretary of Education shall announce the State allocations under paragraph (2) for the applicable year. (B) List of eligible scholarship-granting organizations and eligible workforce training organizations.--No later than January 1 of each applicable year, or as early as practicable with respect to the first year, each State shall provide the Secretary of Education a list of eligible scholarship- granting organizations and eligible workforce training organizations described in paragraphs (3)(A) and (4) of section 25E(c) of the Internal Revenue Code of 1986, including a certification that the entity submitting the list on behalf of the State has the authority to perform this function. Neither this Act nor any other Federal law shall be construed as limiting the entities that may submit the list on behalf of a state. (C) Reallocation.-- (i) In general.--The Secretary of Education shall, in accordance with paragraph (2), reallocate to any other States the allocation of a State which, for any applicable year-- (I) fails to provide the Secretary of Education a list of eligible scholarship-granting organizations and eligible workforce training organizations pursuant to subparagraph (B); and (II) does not have an eligible scholarship-granting organization (as described in section 25E(c)(3)(B) of the Internal Revenue Code of 1986) located in such State. (ii) Unclaimed credits.--On or after April 1 of any applicable year, the Secretary of Education may reallocate, to one or more other States that have eligible scholarship-granting organizations and eligible workforce training organizations in the States, without regard to paragraph (2), the allocation of a State for which the State's allocation has not been claimed. (d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (e) Authorization of Appropriations.--For the purpose of administering this section and sections 25E and 45U of the Internal Revenue Code of 1986, there are authorized to be appropriated, and there are appropriated, such sums as may be necessary for fiscal year 2021 and each succeeding fiscal year. <all>

This bill allows individual and corporate taxpayers a tax credit for cash contributions to certain scholarship-granting and workforce training organizations. It imposes a cap of $10 billion on the sum of contributions that qualify for a tax credit under this bill. The bill requires the Department of Education, in coordination with the Departments of the Treasury and Labor, to establish, host, and maintain a web portal that (1) lists all eligible scholarship-granting and workforce training organizations; (2) enables contributions to such organizations; (3) provides information about the benefits of this bill; and (4) enables a state to submit and update information about its programs and educational organizations, including information on student eligibility and allowable educational expenses.

SHORT TITLE. This Act may be cited as the ``Education Freedom Scholarships and Opportunity Act''. 2. PURPOSE. REFERENCES TO THE INTERNAL REVENUE CODE OF 1986. ``(2) Qualified expense.--The term `qualified expense' means any educational expense that is-- ``(A) for an individual student's elementary or secondary education, as recognized by the State, ``(B) for the secondary education component of an individual elementary or secondary student's career and technical education, as defined by section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. ``(iii) Organizations which provide-- ``(I) career and technical education, or ``(II) training or apprenticeships, including, but not limited to, training or apprenticeships operated by a collective bargaining organization or that provide industry recognized certifications or credentials. ``(3) Prohibition of control over nonpublic education providers.-- ``(A) Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. 25E. (b) Credit for Corporations.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING ORGANIZATIONS. ``(c) Additional Provisions.--For purposes of this section, any qualified contributions made by a domestic corporation shall be subject to the provisions of section 25E, to the extent applicable. ``(d) Election.--This section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year.''. 45U. 201. (c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. (II) The total amount of all elementary and secondary scholarships awarded through a State program that is financed through State tax-credited donations or appropriations compared to the total amount of current State and local expenditures for free public education in the State. (iv) Ineligibility.--For any fiscal year to which clause (i) applies, a State that does not provide the Secretary of Education with information described in clause (ii) is not eligible to receive an allocation through the alternative allocation method under clause (ii). (4) Total allocation.--A State's allocation, for any fiscal year, is the sum of the amount determined for it under subparagraphs (A) and (B) of paragraph (2), except as provided in paragraph (2)(C).

SHORT TITLE. This Act may be cited as the ``Education Freedom Scholarships and Opportunity Act''. 2. PURPOSE. REFERENCES TO THE INTERNAL REVENUE CODE OF 1986. ``(2) Qualified expense.--The term `qualified expense' means any educational expense that is-- ``(A) for an individual student's elementary or secondary education, as recognized by the State, ``(B) for the secondary education component of an individual elementary or secondary student's career and technical education, as defined by section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. ``(3) Prohibition of control over nonpublic education providers.-- ``(A) Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. 25E. (b) Credit for Corporations.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING ORGANIZATIONS. ``(d) Election.--This section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year.''. 45U. 201. (II) The total amount of all elementary and secondary scholarships awarded through a State program that is financed through State tax-credited donations or appropriations compared to the total amount of current State and local expenditures for free public education in the State. (iv) Ineligibility.--For any fiscal year to which clause (i) applies, a State that does not provide the Secretary of Education with information described in clause (ii) is not eligible to receive an allocation through the alternative allocation method under clause (ii). (4) Total allocation.--A State's allocation, for any fiscal year, is the sum of the amount determined for it under subparagraphs (A) and (B) of paragraph (2), except as provided in paragraph (2)(C).

SHORT TITLE. This Act may be cited as the ``Education Freedom Scholarships and Opportunity Act''. 2. PURPOSE. REFERENCES TO THE INTERNAL REVENUE CODE OF 1986. ``(2) Qualified expense.--The term `qualified expense' means any educational expense that is-- ``(A) for an individual student's elementary or secondary education, as recognized by the State, ``(B) for the secondary education component of an individual elementary or secondary student's career and technical education, as defined by section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. ``(iii) Organizations which provide-- ``(I) career and technical education, or ``(II) training or apprenticeships, including, but not limited to, training or apprenticeships operated by a collective bargaining organization or that provide industry recognized certifications or credentials. ``(3) Prohibition of control over nonpublic education providers.-- ``(A) Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. ``(e) Limitations.-- ``(1) Tax liability.--No credit allowed under this section or section 45U shall exceed the taxpayer's Federal income tax liability for the taxable year. 25E. (b) Credit for Corporations.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING ORGANIZATIONS. ``(c) Additional Provisions.--For purposes of this section, any qualified contributions made by a domestic corporation shall be subject to the provisions of section 25E, to the extent applicable. ``(d) Election.--This section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year.''. 45U. 201. (c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. (B) Minimum allocation.--Notwithstanding subparagraph (A), no State receiving an allotment under this section may receive less than one-half of one percent of the amount allotted for a fiscal year. (II) The total amount of all elementary and secondary scholarships awarded through a State program that is financed through State tax-credited donations or appropriations compared to the total amount of current State and local expenditures for free public education in the State. (iv) Ineligibility.--For any fiscal year to which clause (i) applies, a State that does not provide the Secretary of Education with information described in clause (ii) is not eligible to receive an allocation through the alternative allocation method under clause (ii). (4) Total allocation.--A State's allocation, for any fiscal year, is the sum of the amount determined for it under subparagraphs (A) and (B) of paragraph (2), except as provided in paragraph (2)(C). Neither this Act nor any other Federal law shall be construed as limiting the entities that may submit the list on behalf of a state.

SHORT TITLE. This Act may be cited as the ``Education Freedom Scholarships and Opportunity Act''. 2. PURPOSE. 101. REFERENCES TO THE INTERNAL REVENUE CODE OF 1986. 102. ``(2) Qualified expense.--The term `qualified expense' means any educational expense that is-- ``(A) for an individual student's elementary or secondary education, as recognized by the State, ``(B) for the secondary education component of an individual elementary or secondary student's career and technical education, as defined by section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(5)), or ``(C) for the purpose of providing eligible individual participants with scholarships for secondary or postsecondary vocational education and training, workforce development, or apprenticeship training, including preparation and examination costs relating to portable certificates or credentials, or industry recognized certification or credentialing programs. ``(iii) Organizations which provide-- ``(I) career and technical education, or ``(II) training or apprenticeships, including, but not limited to, training or apprenticeships operated by a collective bargaining organization or that provide industry recognized certifications or credentials. ``(6) State.--The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ``(3) Prohibition of control over nonpublic education providers.-- ``(A) Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. ``(e) Limitations.-- ``(1) Tax liability.--No credit allowed under this section or section 45U shall exceed the taxpayer's Federal income tax liability for the taxable year. (2) Clerical amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. (b) Credit for Corporations.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING ORGANIZATIONS. ``(c) Additional Provisions.--For purposes of this section, any qualified contributions made by a domestic corporation shall be subject to the provisions of section 25E, to the extent applicable. ``(d) Election.--This section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year.''. 45U. 201. EDUCATION FREEDOM SCHOLARSHIPS AND OPPORTUNITY ACT WEB PORTAL AND ADMINISTRATION. (c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. (2) Allocation of cap.-- (A) Initial allocations.--For each calendar year, the Secretary of Education, in coordination with the Secretary of Labor, shall-- (i) from the amount allotted under paragraph (1)(A)-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year; and (II) next, allocate the remaining amount among the participating States by allocating to each State the sum of-- (aa) an amount that bears the same relationship to 20 percent of such remaining amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary of Education on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (bb) an amount that bears the same relationship to 80 percent of such remaining amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary of Education, on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) from the amount allotted under paragraph (1)(B)-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year attributable to eligible workforce training organizations; and (II) next, allocate the remaining amount among the participating States by allocating to each State an amount determined through a system, as established and maintained by the Secretary of Labor, that accurately reflects demand and potential qualified participants for apprenticeships and workforce training within that State. (B) Minimum allocation.--Notwithstanding subparagraph (A), no State receiving an allotment under this section may receive less than one-half of one percent of the amount allotted for a fiscal year. (II) The total amount of all elementary and secondary scholarships awarded through a State program that is financed through State tax-credited donations or appropriations compared to the total amount of current State and local expenditures for free public education in the State. (iv) Ineligibility.--For any fiscal year to which clause (i) applies, a State that does not provide the Secretary of Education with information described in clause (ii) is not eligible to receive an allocation through the alternative allocation method under clause (ii). (4) Total allocation.--A State's allocation, for any fiscal year, is the sum of the amount determined for it under subparagraphs (A) and (B) of paragraph (2), except as provided in paragraph (2)(C). Neither this Act nor any other Federal law shall be construed as limiting the entities that may submit the list on behalf of a state.

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions made by the taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) in any taxable year shall not exceed 10 percent of the taxpayer's adjusted gross income for the taxable year. ``(B) Potential eligible workforce training organizations.--Eligible workforce training organizations may include, but are not limited to, organizations such as the following (provided that such organizations satisfy the requirements under subparagraph (A)): ``(i) Community colleges. ``(ii) Workforce training programs (as defined by the applicable State workforce agency). ``(5) Qualifying scholarship.--The term `qualifying scholarship' means-- ``(A) a scholarship granted by an eligible scholarship-granting organization to an individual elementary or secondary student, or ``(B) a scholarship granted by an eligible workforce training organization as a scholarship to a secondary or postsecondary student for the purpose of vocational education and training, workforce development, obtaining portable certificates or credentials, or industry recognized certification or credentialing programs, including preparation and examination costs, under this section. ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(3) Prohibition of control over nonpublic education providers.-- ``(A) Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. ``(B) Nothing in this Act shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations or eligible workforce training organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under state law. ``(5) State and local authority.--Nothing in this section or section 45U shall be construed to modify a State or local government's authority and responsibility to fund education. ``(2) Prohibitions.--A taxpayer is prohibited from selling or transferring any portion of a tax credit allowed under this section or section 45U. ``(3) Denial of double benefit.--The Secretary shall prescribe such regulations or other guidance to ensure that the sum of the tax benefits provided by Federal, State, or local law for a qualified contribution receiving a Federal tax credit in any taxable year shall not exceed the sum of the qualified contributions made by the taxpayer for the taxable year. (2) Clerical amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of is amended by inserting after the item relating to section 25D the following new item: ``Sec. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. (2) Credit part of general business credit.--Section 38(b) is amended-- (A) by striking ``plus'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``, plus''; and (C) by adding at the end the following new paragraph: ``(34) the credit for qualified contributions determined under section 45U(a).''. ( 45U. Contributions to eligible scholarship-granting organizations and eligible workforce training organizations.''. (b) Nonportal Contributions.--A taxpayer may opt to make a contribution directly to an eligible scholarship-granting organization or an eligible workforce training organization, instead of through the Web portal described in subsection (a), provided that the taxpayer, or the eligible scholarship-granting organization or eligible workforce training organization on behalf of the taxpayer, applies for, and receives pre-approval for a tax credit from the Secretary of Education in coordination with the Secretary of the Treasury. ( c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. (B) Minimum allocation.--Notwithstanding subparagraph (A), no State receiving an allotment under this section may receive less than one-half of one percent of the amount allotted for a fiscal year. ( ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. (II) The total amount of all elementary and secondary scholarships awarded through a State program that is financed through State tax-credited donations or appropriations compared to the total amount of current State and local expenditures for free public education in the State. ( iii) Allocation formula.--For any fiscal year to which clause (i) applies, the Secretary of Education shall-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year; (II) next, allocate two-thirds of the remaining amount of the national cap for that year using the alternative allocation method in clause (ii); and (III) then, allocate one-third of the remaining amount in accordance with subparagraph (A)(ii). ( (5) Allocation and adjustments.-- (A) Initial allocation to states.--No later than November 1 of the year preceding a year for which there is a national cap on credits under paragraph (1) (hereafter in this section, the ``applicable year''), or as early as practicable with respect to the first year, the Secretary of Education shall announce the State allocations under paragraph (2) for the applicable year. ( B) List of eligible scholarship-granting organizations and eligible workforce training organizations.--No later than January 1 of each applicable year, or as early as practicable with respect to the first year, each State shall provide the Secretary of Education a list of eligible scholarship- granting organizations and eligible workforce training organizations described in paragraphs (3)(A) and (4) of section 25E(c) of the Internal Revenue Code of 1986, including a certification that the entity submitting the list on behalf of the State has the authority to perform this function. (C) Reallocation.-- (i) In general.--The Secretary of Education shall, in accordance with paragraph (2), reallocate to any other States the allocation of a State which, for any applicable year-- (I) fails to provide the Secretary of Education a list of eligible scholarship-granting organizations and eligible workforce training organizations pursuant to subparagraph (B); and (II) does not have an eligible scholarship-granting organization (as described in section 25E(c)(3)(B) of the Internal Revenue Code of 1986) located in such State. ( d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. ``(b) Amount of Credit.--The credit allowed under subsection (a) in any taxable year shall not exceed 10 percent of the taxpayer's adjusted gross income for the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified contribution.--The term `qualified contribution' means a contribution of cash to any eligible scholarship-granting organization or eligible workforce training organization. ``(B) Potential eligible workforce training organizations.--Eligible workforce training organizations may include, but are not limited to, organizations such as the following (provided that such organizations satisfy the requirements under subparagraph (A)): ``(i) Community colleges. ``(6) State.--The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(B) Nothing in this Act shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations or eligible workforce training organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under state law. ``(e) Limitations.-- ``(1) Tax liability.--No credit allowed under this section or section 45U shall exceed the taxpayer's Federal income tax liability for the taxable year. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the domestic corporation for such taxable year. 2) Credit part of general business credit.--Section 38(b) is amended-- (A) by striking ``plus'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``, plus''; and (C) by adding at the end the following new paragraph: ``(34) the credit for qualified contributions determined under section 45U(a).''. ( b) Nonportal Contributions.--A taxpayer may opt to make a contribution directly to an eligible scholarship-granting organization or an eligible workforce training organization, instead of through the Web portal described in subsection (a), provided that the taxpayer, or the eligible scholarship-granting organization or eligible workforce training organization on behalf of the taxpayer, applies for, and receives pre-approval for a tax credit from the Secretary of Education in coordination with the Secretary of the Treasury. ( c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. B) Minimum allocation.--Notwithstanding subparagraph (A), no State receiving an allotment under this section may receive less than one-half of one percent of the amount allotted for a fiscal year. ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( iii) Allocation formula.--For any fiscal year to which clause (i) applies, the Secretary of Education shall-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year; (II) next, allocate two-thirds of the remaining amount of the national cap for that year using the alternative allocation method in clause (ii); and (III) then, allocate one-third of the remaining amount in accordance with subparagraph (A)(ii). ( (3) Allowable partnerships.--A State may choose to administer the allocation it receives under paragraph (2) in partnership with one or more States, provided that the eligible scholarship-granting organizations or eligible workforce training organizations in each partner State serve students who reside in all States in the partnership. ( C) Reallocation.-- (i) In general.--The Secretary of Education shall, in accordance with paragraph (2), reallocate to any other States the allocation of a State which, for any applicable year-- (I) fails to provide the Secretary of Education a list of eligible scholarship-granting organizations and eligible workforce training organizations pursuant to subparagraph (B); and (II) does not have an eligible scholarship-granting organization (as described in section 25E(c)(3)(B) of the Internal Revenue Code of 1986) located in such State. (ii) Unclaimed credits.--On or after April 1 of any applicable year, the Secretary of Education may reallocate, to one or more other States that have eligible scholarship-granting organizations and eligible workforce training organizations in the States, without regard to paragraph (2), the allocation of a State for which the State's allocation has not been claimed. ( d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the domestic corporation for such taxable year. ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ii) Unclaimed credits.--On or after April 1 of any applicable year, the Secretary of Education may reallocate, to one or more other States that have eligible scholarship-granting organizations and eligible workforce training organizations in the States, without regard to paragraph (2), the allocation of a State for which the State's allocation has not been claimed. ( d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. ``(b) Amount of Credit.--The credit allowed under subsection (a) in any taxable year shall not exceed 10 percent of the taxpayer's adjusted gross income for the taxable year. ``(5) Qualifying scholarship.--The term `qualifying scholarship' means-- ``(A) a scholarship granted by an eligible scholarship-granting organization to an individual elementary or secondary student, or ``(B) a scholarship granted by an eligible workforce training organization as a scholarship to a secondary or postsecondary student for the purpose of vocational education and training, workforce development, obtaining portable certificates or credentials, or industry recognized certification or credentialing programs, including preparation and examination costs, under this section. ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(B) Nothing in this Act shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations or eligible workforce training organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under state law. ``(5) State and local authority.--Nothing in this section or section 45U shall be construed to modify a State or local government's authority and responsibility to fund education. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. ( 2) Credit part of general business credit.--Section 38(b) is amended-- (A) by striking ``plus'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``, plus''; and (C) by adding at the end the following new paragraph: ``(34) the credit for qualified contributions determined under section 45U(a).''. ( ( c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. ( ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ( iii) Allocation formula.--For any fiscal year to which clause (i) applies, the Secretary of Education shall-- (I) first reserve, for each State, an amount equal to the sum of the qualifying contributions made in the State in the previous year; (II) next, allocate two-thirds of the remaining amount of the national cap for that year using the alternative allocation method in clause (ii); and (III) then, allocate one-third of the remaining amount in accordance with subparagraph (A)(ii). ( ( 5) Allocation and adjustments.-- (A) Initial allocation to states.--No later than November 1 of the year preceding a year for which there is a national cap on credits under paragraph (1) (hereafter in this section, the ``applicable year''), or as early as practicable with respect to the first year, the Secretary of Education shall announce the State allocations under paragraph (2) for the applicable year. ( (C) Reallocation.-- (i) In general.--The Secretary of Education shall, in accordance with paragraph (2), reallocate to any other States the allocation of a State which, for any applicable year-- (I) fails to provide the Secretary of Education a list of eligible scholarship-granting organizations and eligible workforce training organizations pursuant to subparagraph (B); and (II) does not have an eligible scholarship-granting organization (as described in section 25E(c)(3)(B) of the Internal Revenue Code of 1986) located in such State. ( d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the domestic corporation for such taxable year. ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ii) Unclaimed credits.--On or after April 1 of any applicable year, the Secretary of Education may reallocate, to one or more other States that have eligible scholarship-granting organizations and eligible workforce training organizations in the States, without regard to paragraph (2), the allocation of a State for which the State's allocation has not been claimed. ( d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. ``(b) Amount of Credit.--The credit allowed under subsection (a) in any taxable year shall not exceed 10 percent of the taxpayer's adjusted gross income for the taxable year. ``(B) Nothing in this Act shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations or eligible workforce training organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under state law. 2) Credit part of general business credit.--Section 38(b) is amended-- (A) by striking ``plus'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``, plus''; and (C) by adding at the end the following new paragraph: ``(34) the credit for qualified contributions determined under section 45U(a).''. ( ( c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. ( ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ( ( ( 5) Allocation and adjustments.-- (A) Initial allocation to states.--No later than November 1 of the year preceding a year for which there is a national cap on credits under paragraph (1) (hereafter in this section, the ``applicable year''), or as early as practicable with respect to the first year, the Secretary of Education shall announce the State allocations under paragraph (2) for the applicable year. ( ( C) Reallocation.-- (i) In general.--The Secretary of Education shall, in accordance with paragraph (2), reallocate to any other States the allocation of a State which, for any applicable year-- (I) fails to provide the Secretary of Education a list of eligible scholarship-granting organizations and eligible workforce training organizations pursuant to subparagraph (B); and (II) does not have an eligible scholarship-granting organization (as described in section 25E(c)(3)(B) of the Internal Revenue Code of 1986) located in such State. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the domestic corporation for such taxable year. ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ii) Unclaimed credits.--On or after April 1 of any applicable year, the Secretary of Education may reallocate, to one or more other States that have eligible scholarship-granting organizations and eligible workforce training organizations in the States, without regard to paragraph (2), the allocation of a State for which the State's allocation has not been claimed. ( d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. 2) Credit part of general business credit.--Section 38(b) is amended-- (A) by striking ``plus'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``, plus''; and (C) by adding at the end the following new paragraph: ``(34) the credit for qualified contributions determined under section 45U(a).''. ( ( c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. ( ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ( ( ( ( ( C) Reallocation.-- (i) In general.--The Secretary of Education shall, in accordance with paragraph (2), reallocate to any other States the allocation of a State which, for any applicable year-- (I) fails to provide the Secretary of Education a list of eligible scholarship-granting organizations and eligible workforce training organizations pursuant to subparagraph (B); and (II) does not have an eligible scholarship-granting organization (as described in section 25E(c)(3)(B) of the Internal Revenue Code of 1986) located in such State. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. ``(d) Rules of Construction.-- ``(1) In general.--A scholarship awarded to a student from the proceeds of a qualified contribution under this section or section 45U shall not be considered assistance to the school, eligible workforce training organization, or other educational provider that enrolls, or provides educational services to, the student or the student's parents. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions (as defined in section 25E(c)(1)) made by such corporation taxpayer during the taxable year. ``(b) Amount of Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the domestic corporation for such taxable year. ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ii) Unclaimed credits.--On or after April 1 of any applicable year, the Secretary of Education may reallocate, to one or more other States that have eligible scholarship-granting organizations and eligible workforce training organizations in the States, without regard to paragraph (2), the allocation of a State for which the State's allocation has not been claimed. ( d) Definitions.--The definitions of terms in section 25E(c) of the Internal Revenue Code of 1986 apply to those terms as used in this title. (

To amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for students through eligible scholarship-granting organizations and eligible workforce training organizations, and for other purposes. 2) Credit part of general business credit.--Section 38(b) is amended-- (A) by striking ``plus'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting ``, plus''; and (C) by adding at the end the following new paragraph: ``(34) the credit for qualified contributions determined under section 45U(a).''. ( ( c) National and State Caps on Credits.-- (1) National cap.--There is a cap of $10,000,000,000 on the sum of the contributions that qualify for a credit under section 25E and section 45U of the Internal Revenue Code of 1986 for each calendar year, of which-- (A) $5,000,000,000 shall be allotted for qualified contributions to eligible scholarship-granting organizations; and (B) $5,000,000,000 shall be allotted for qualified contributions to eligible workforce training organizations. ( ii) Alternative allocation method.--The alternative allocation method described in clause (i) shall be expressed as a formula based on a combination of the following data for each State, as reported by the State to the Secretary of Education: (I) The relative percentage of students in the State who receive a elementary or secondary scholarship through a State program that is financed through State tax-credited donations or appropriations and that permits the elementary or secondary scholarship to be used to attend a private school. ( ( ( ( ( ( C) Reallocation.-- (i) In general.--The Secretary of Education shall, in accordance with paragraph (2), reallocate to any other States the allocation of a State which, for any applicable year-- (I) fails to provide the Secretary of Education a list of eligible scholarship-granting organizations and eligible workforce training organizations pursuant to subparagraph (B); and (II) does not have an eligible scholarship-granting organization (as described in section 25E(c)(3)(B) of the Internal Revenue Code of 1986) located in such State. (

This bill allows individuals and corporations a tax credit for contributions to scholarship-granting organizations and workforce training organizations, as identified by states.

This bill allows an individual and corporate tax credit for contributions to scholarship-granting organizations and workforce training organizations.

This bill allows a tax credit for contributions to eligible scholarship-granting organizations and eligible workforce training organizations. The bill defines eligible educational expense as any educational expense that is (1) for an individual student's elementary or secondary education, as recognized by the state, and (2) for the secondary education component of an individual elementary and secondary student's career and technical education.

This bill allows a new tax credit for contributions to eligible scholarship-granting organizations and eligible workforce training organizations. The bill also prohibits federal control over private, religious, or home education providers.

This bill allows a new tax credit for contributions to scholarship-granting organizations and to workforce training organizations. The bill defines qualified educational expense as any educational expense that is (1) for an individual student's elementary or secondary education, as recognized by the state; (2) for the secondary education component of an individual elementary and secondary student's career and technical education; or (3) for training or apprenticeships, including those operated by a collective bargaining organization or that provide industry recognized certifications or credentials.

This bill allows a tax credit for contributions to scholarship-granting organizations and workforce training organizations. The bill also prohibits federal control over private, religious, or home education providers.

This bill allows an individual and corporate tax credit for contributions to scholarships for students through scholarship-granting organizations and eligible workforce training organizations.

This bill allows a new tax credit for contributions to scholarship-granting organizations and workforce training organizations. The bill defines a scholarship grant as a scholarship to an individual elementary or secondary student or a scholarship granted by an eligible workforce training organization to a secondary or postsecondary student for the purpose of vocational education and training, workforce development, obtaining portable certificates or credentials, or industry recognized certification or credentialing programs, including preparation and examination costs.

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Immigration

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. Be it enacted by the Senate 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 Office of New Americans Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Office of New Americans. (2) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (3) Office.--The term ``Office'' means the National Office of New Americans established by section 3(a). SEC. 3. NATIONAL OFFICE OF NEW AMERICANS. (a) Establishment.--There is established within the Executive Office of the President an office to be known as the ``National Office of New Americans''. (b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. (2) To promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States. (3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. (4) To ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing-- (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions. (5) To improve access to workforce development programs, including by ensuring that such programs meet the demand and the unique language, training, and educational needs of immigrants and refugees. (6) To coordinate the efforts of Federal, State, and local entities to support the effective social, economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. (7) To provide advice and leadership to the President, Members of Congress, and other Federal Government officials on the challenges and opportunities facing such entities with respect to immigrant and refugee integration. (8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. (9) To identify the anticipated effects of new Federal policies on existing integration efforts and advise the President on how to address potential integration needs and the effects of such policies. (10) With respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts. (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. (12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). (c) Director.-- (1) In general.--The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Responsibilities.--The Director shall-- (A) establish policies, objectives, and priorities for the Office with respect to immigrant and refugee integration; (B) with the assistance of the Deputy Director for Citizenship and Inclusion, the Deputy Director for Workforce and the Economy, the Deputy Director for Children's Integration Success, and the Associate Director of State and Local Affairs, carry out the purposes of the Office, as described in subsection (b); (C) serve as the Chair of the Federal Initiative for New Americans established under section 4; (D) make recommendations to the President on changes in the organization, management, programs, and budget of the Federal agencies to promote the integration of immigrants and refugees; (E) with respect to efforts to promote United States citizenship and the integration of immigrants and refugees, consult, support, and coordinate with State and local governments; and (F) serve as a member of the Domestic Policy Council and the National Economic Council. (3) Powers of the director.--In carrying out the responsibilities under paragraph (2) and the purposes under subsection (b), the Director may-- (A) select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out such responsibilities and purposes; (B) with the concurrence of the head of the applicable Federal agency, direct the temporary reassignment within the Federal Government of personnel employed by such Federal agency; (C) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; (D) procure the services of experts and consultants, in accordance with section 3109 of title 5, United States Code (relating to appointments in the Federal service) at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for level GS-18 of the General Schedule under section 5332 of title 5, United States Code; (E) accept and use donations of property from Federal, State, and local government agencies; (F) use the mail in the same manner as other Federal agencies; and (G) monitor the implementation of immigrant and refugee integration-related activities of the Federal Government, including by-- (i) conducting program and performance audits and evaluations of each Federal agency; and (ii) requesting assistance from the Inspector General of the applicable Federal agency in such audits and evaluations. (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (2) Responsibilities.-- (A) Deputy director for citizenship and inclusion.--The Deputy Director for Citizenship and Inclusion shall, among other duties as assigned by the Director, assist the Director in promoting-- (i) inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (ii) access to United States citizenship. (B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. (C) Deputy director for children's integration success.--The Deputy Director for Children's Integration Success shall, among other duties as assigned by the Director, assist the Director in ensuring that Federal policies and programs intended to support the healthy development and educational success of children are effective in reaching and serving the children of immigrant families. (e) Bureau of State and Local Affairs.-- (1) In general.--There is established within the Office a Bureau of State and Local Affairs. (2) Associate director.-- (A) In general.--The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. (B) Duties.--The Associate Director of State and Local Affairs shall, among other duties as assigned by the Director, assist the Director in coordinating the efforts of State and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. (f) Limitation.--An individual may not serve as Director, Deputy Director for Citizenship and Inclusion, Deputy Director for Workforce and the Economy, Deputy Director for Children's Integration Success, or Associate Director of State and Local Affairs while serving in any other position in the Federal Government. (g) Access by Congress.--The establishment of the Office within the Executive Office of the President shall not affect access to the Office by a Member of Congress or any member of a committee of the Senate or the House of Representatives, including access to-- (1) any information, document, or study in the possession of, or conducted by or at the direction of, the Director; or (2) personnel of the Office. SEC. 4. FEDERAL INITIATIVE ON NEW AMERICANS. (a) Establishment.--Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the ``Initiative''). (b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. (c) Membership.--The Initiative shall be composed of-- (1) the Director, who shall serve as Chair; (2) the Secretary of the Treasury; (3) the Attorney General; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of Health and Human Services; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Education; (9) the Secretary of Homeland Security; (10) the Secretary of State; (11) the Director of the Office of Refugee Resettlement; (12) the Director of the Small Business Administration; (13) the Director of the Office of Management and Budget; (14) the Director of the Bureau of Consumer Financial Protection; and (15) any other individual-- (A) invited by the Director to participate; and (B) who occupies a position listed under level I or II of the Executive Schedule, as provided in sections 5312 and 5313 of title 5, United States Code. (d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. (2) Coordinated response to immigrant and refugee issues.-- The Initiative shall join with Federal agencies in providing a coordinated Federal response to adequately address matters that affect the lives of immigrant and refugee families and local communities with growing immigrant and refugee populations, including access to-- (A) English language learning; (B) adult education and workforce training; (C) occupational licensure; (D) early childhood care and education; (E) elementary, secondary, and postsecondary education; (F) health care; (G) naturalization; (H) civic engagement; (I) immigration assistance and legal services; (J) economic development; (K) language access services; and (L) other services the Director identifies as aiding the integration of immigrants and refugees into the social, cultural, economic, and civic life of the United States. (3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. (B) Duties of a liaison.--The duties of each member as a Federal agency liaison include-- (i) developing, for the applicable Federal agency, immigrant and refugee integration goals and indicators; (ii) implementing the biannual consultation process described in section 3(b)(10) by consulting with the State and local counterparts of the Federal agency; (iii) reporting to the Initiative on the progress made by the Federal agency in achieving the goals and indicators described in clause (i); and (iv) upon request by the Director and subject to laws governing disclosure of information, providing such information as may be required to carry out the responsibilities of the Director and the functions of the Office. (4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. (B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. (C) A description of the possible effects of pending legislation and executive branch policy proposals on immigrant and refugee integration. (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. (E) Recommendations on legislative solutions to better support the successful integration of immigrants and refugees and the children of immigrants and refugees. <all>

This bill establishes the National Office of New Americans (NONA) within the Executive Office of the President to promote and support the integration of immigrants and refugees into the social, cultural, economic, and civic life of the United States. The NONA shall also establish the Federal Initiative on New Americans. The initiative shall establish a coordinated federal program to respond effectively to immigrant and refugee integration issues such as language learning, adult education and workforce training, health care, and naturalization.

Be it enacted by the Senate 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 Office of New Americans Act''. 2. (b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. (2) To promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States. (3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. (5) To improve access to workforce development programs, including by ensuring that such programs meet the demand and the unique language, training, and educational needs of immigrants and refugees. (10) With respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts. (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (e) Bureau of State and Local Affairs.-- (1) In general.--There is established within the Office a Bureau of State and Local Affairs. SEC. 4. FEDERAL INITIATIVE ON NEW AMERICANS. (c) Membership.--The Initiative shall be composed of-- (1) the Director, who shall serve as Chair; (2) the Secretary of the Treasury; (3) the Attorney General; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of Health and Human Services; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Education; (9) the Secretary of Homeland Security; (10) the Secretary of State; (11) the Director of the Office of Refugee Resettlement; (12) the Director of the Small Business Administration; (13) the Director of the Office of Management and Budget; (14) the Director of the Bureau of Consumer Financial Protection; and (15) any other individual-- (A) invited by the Director to participate; and (B) who occupies a position listed under level I or II of the Executive Schedule, as provided in sections 5312 and 5313 of title 5, United States Code. (d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. (B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals.

Be it enacted by the Senate 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 Office of New Americans Act''. 2. (b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. (2) To promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States. (3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. (5) To improve access to workforce development programs, including by ensuring that such programs meet the demand and the unique language, training, and educational needs of immigrants and refugees. (10) With respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts. (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (e) Bureau of State and Local Affairs.-- (1) In general.--There is established within the Office a Bureau of State and Local Affairs. SEC. 4. FEDERAL INITIATIVE ON NEW AMERICANS. (d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. (B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals.

Be it enacted by the Senate 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 Office of New Americans Act''. 2. DEFINITIONS. (b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. (2) To promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States. (3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. (5) To improve access to workforce development programs, including by ensuring that such programs meet the demand and the unique language, training, and educational needs of immigrants and refugees. (10) With respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts. (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (e) Bureau of State and Local Affairs.-- (1) In general.--There is established within the Office a Bureau of State and Local Affairs. SEC. 4. FEDERAL INITIATIVE ON NEW AMERICANS. (b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. (c) Membership.--The Initiative shall be composed of-- (1) the Director, who shall serve as Chair; (2) the Secretary of the Treasury; (3) the Attorney General; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of Health and Human Services; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Education; (9) the Secretary of Homeland Security; (10) the Secretary of State; (11) the Director of the Office of Refugee Resettlement; (12) the Director of the Small Business Administration; (13) the Director of the Office of Management and Budget; (14) the Director of the Bureau of Consumer Financial Protection; and (15) any other individual-- (A) invited by the Director to participate; and (B) who occupies a position listed under level I or II of the Executive Schedule, as provided in sections 5312 and 5313 of title 5, United States Code. (d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. (3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. (B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy.

Be it enacted by the Senate 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 Office of New Americans Act''. 2. DEFINITIONS. (2) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. (2) To promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States. (3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. (4) To ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing-- (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions. (5) To improve access to workforce development programs, including by ensuring that such programs meet the demand and the unique language, training, and educational needs of immigrants and refugees. (10) With respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts. (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. (12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). (3) Powers of the director.--In carrying out the responsibilities under paragraph (2) and the purposes under subsection (b), the Director may-- (A) select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out such responsibilities and purposes; (B) with the concurrence of the head of the applicable Federal agency, direct the temporary reassignment within the Federal Government of personnel employed by such Federal agency; (C) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; (D) procure the services of experts and consultants, in accordance with section 3109 of title 5, United States Code (relating to appointments in the Federal service) at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for level GS-18 of the General Schedule under section 5332 of title 5, United States Code; (E) accept and use donations of property from Federal, State, and local government agencies; (F) use the mail in the same manner as other Federal agencies; and (G) monitor the implementation of immigrant and refugee integration-related activities of the Federal Government, including by-- (i) conducting program and performance audits and evaluations of each Federal agency; and (ii) requesting assistance from the Inspector General of the applicable Federal agency in such audits and evaluations. (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (e) Bureau of State and Local Affairs.-- (1) In general.--There is established within the Office a Bureau of State and Local Affairs. (2) Associate director.-- (A) In general.--The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. SEC. 4. FEDERAL INITIATIVE ON NEW AMERICANS. (b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. (c) Membership.--The Initiative shall be composed of-- (1) the Director, who shall serve as Chair; (2) the Secretary of the Treasury; (3) the Attorney General; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of Health and Human Services; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Education; (9) the Secretary of Homeland Security; (10) the Secretary of State; (11) the Director of the Office of Refugee Resettlement; (12) the Director of the Small Business Administration; (13) the Director of the Office of Management and Budget; (14) the Director of the Bureau of Consumer Financial Protection; and (15) any other individual-- (A) invited by the Director to participate; and (B) who occupies a position listed under level I or II of the Executive Schedule, as provided in sections 5312 and 5313 of title 5, United States Code. (d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. (3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. (B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy.

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. 3) Office.--The term ``Office'' means the National Office of New Americans established by section 3(a). b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. ( (4) To ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing-- (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions. ( 8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. ( (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. ( 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( (2) Associate director.-- (A) In general.--The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. ( B) Duties.--The Associate Director of State and Local Affairs shall, among other duties as assigned by the Director, assist the Director in coordinating the efforts of State and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. ( (b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. ( d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. 3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. ( (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. ( E) Recommendations on legislative solutions to better support the successful integration of immigrants and refugees and the children of immigrants and refugees.

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. ( 3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. ( (8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. ( 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( 2) Responsibilities.-- (A) Deputy director for citizenship and inclusion.--The Deputy Director for Citizenship and Inclusion shall, among other duties as assigned by the Director, assist the Director in promoting-- (i) inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (ii) access to United States citizenship. (B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( C) Deputy director for children's integration success.--The Deputy Director for Children's Integration Success shall, among other duties as assigned by the Director, assist the Director in ensuring that Federal policies and programs intended to support the healthy development and educational success of children are effective in reaching and serving the children of immigrant families. ( (a) Establishment.--Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the ``Initiative''). ( b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. ( 3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. ( 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( (C) A description of the possible effects of pending legislation and executive branch policy proposals on immigrant and refugee integration. ( D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. (

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. ( 3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. ( (8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. ( 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( 2) Responsibilities.-- (A) Deputy director for citizenship and inclusion.--The Deputy Director for Citizenship and Inclusion shall, among other duties as assigned by the Director, assist the Director in promoting-- (i) inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (ii) access to United States citizenship. (B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( C) Deputy director for children's integration success.--The Deputy Director for Children's Integration Success shall, among other duties as assigned by the Director, assist the Director in ensuring that Federal policies and programs intended to support the healthy development and educational success of children are effective in reaching and serving the children of immigrant families. ( (a) Establishment.--Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the ``Initiative''). ( b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. ( 3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. ( 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( (C) A description of the possible effects of pending legislation and executive branch policy proposals on immigrant and refugee integration. ( D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. (

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. 3) Office.--The term ``Office'' means the National Office of New Americans established by section 3(a). b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. ( (4) To ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing-- (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions. ( 8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. ( (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. ( 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( (2) Associate director.-- (A) In general.--The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. ( B) Duties.--The Associate Director of State and Local Affairs shall, among other duties as assigned by the Director, assist the Director in coordinating the efforts of State and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. ( (b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. ( d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. 3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. ( (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. ( E) Recommendations on legislative solutions to better support the successful integration of immigrants and refugees and the children of immigrants and refugees.

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. ( 3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. ( (8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. ( 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( 2) Responsibilities.-- (A) Deputy director for citizenship and inclusion.--The Deputy Director for Citizenship and Inclusion shall, among other duties as assigned by the Director, assist the Director in promoting-- (i) inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (ii) access to United States citizenship. (B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( C) Deputy director for children's integration success.--The Deputy Director for Children's Integration Success shall, among other duties as assigned by the Director, assist the Director in ensuring that Federal policies and programs intended to support the healthy development and educational success of children are effective in reaching and serving the children of immigrant families. ( (a) Establishment.--Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the ``Initiative''). ( b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. ( 3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. ( 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( (C) A description of the possible effects of pending legislation and executive branch policy proposals on immigrant and refugee integration. ( D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. (

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. 3) Office.--The term ``Office'' means the National Office of New Americans established by section 3(a). b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. ( (4) To ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing-- (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions. ( 8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. ( (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. ( 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( (2) Associate director.-- (A) In general.--The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. ( B) Duties.--The Associate Director of State and Local Affairs shall, among other duties as assigned by the Director, assist the Director in coordinating the efforts of State and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. ( (b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. ( d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. 3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. ( (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. ( E) Recommendations on legislative solutions to better support the successful integration of immigrants and refugees and the children of immigrants and refugees.

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( ( (a) Establishment.--Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the ``Initiative''). ( 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( (

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( ( ( d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. (

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( ( (a) Establishment.--Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the ``Initiative''). ( 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. ( (

To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. 12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). ( (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. ( B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. ( ( ( d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. 4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. (

This bill establishes within the Executive Office of the President an office to promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States.

This bill establishes the National Office of New Americans within the Executive Office of the President. The office shall promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States.

This bill establishes within the Executive Office of the President the National Office of New Americans to (1) welcome and support immigrants and refugees in the United States, and (2) promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the U.S.

This bill establishes the National Office of New Americans within the Executive Office of the President to (1) welcome and support immigrants and refugees in the United States, and (2) promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the U.S.

This bill establishes the National Office of New Americans within the Department of the Treasury to (1) welcome and support immigrants and refugees in the United States, (2) establish a coordinated federal program to respond effectively to immigrant and refugee integration issues, and (3) advise and assist the office in identifying and implementing the necessary policies to carry out such program. The office must also establish the Federal Initiative on New Americans to identify and report on federal programs and policies that have a negative impact on immigrants, refugees, and local communities.

This bill establishes the National Office of New Americans within the Executive Office of the President to (1) welcome and support immigrants and refugees in the United States, and (2) promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the U.S.

This bill establishes the National Office of New Americans within the Executive Office of the President. The office shall (1) promote the inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (2) promote access to U.S. citizenship, English language learning, education, and workforce development programs. The Office shall also establish a Federal Initiative on New Americans to support immigrant and refugee integration issues and advise and assist the office in identifying and implementing the necessary policies to carry out such program.

This bill establishes the National Office of New Americans within the Executive Office of the President. The office shall (1) welcome and support immigrants and refugees in the United States; (2) establish a coordinated federal program to respond effectively to immigrant and refugee integration issues; and (3) advise and assist the office in identifying and implementing the necessary policies to carry out such program. The bill also establishes the Office of State and Local Affairs to coordinate the efforts of state and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and their children.

To establish the National Office of New Americans and to provide advice and advice to the United States Citizenship and Immigration and Refugee Service, the Secretary of State, and Federal Government officials on English language learning and English language development to immigrants and refugees, and to improve access to workforce development programs, such as English language training, English language education, and opportunities for the children of immigrants, refugees, immigrants, and the children                 of immigrants and immigrants, to the President, and for other purposes.SECTION 1. SHORT TITLE. NATIONAL OFFICE OF NEW AMERICANS.݁

Taxation

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. SEC. 2. MODIFICATIONS TO QUALIFIED SMALL ISSUE BONDS. (a) Manufacturing Facilities To Include Production of Intangible Property and Functionally Related Facilities.--Subparagraph (C) of section 144(a)(12) of the Internal Revenue Code of 1986 is amended to read as follows: ``(C) Manufacturing facility.--For purposes of this paragraph-- ``(i) In general.--The term `manufacturing facility' means any facility which-- ``(I) is used in the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), ``(II) is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), or ``(III) is functionally related and subordinate to a facility described in subclause (I) or (II) if such facility is located on the same site as the facility described in subclause (I) or (II). ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iii) Limitation on office space.--A rule similar to the rule of section 142(b)(2) shall apply for purposes of clause (i). ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. (b) Increase in Limitations.--Section 144(a)(4) of such Code is amended-- (1) in subparagraph (A)(i), by striking ``$10,000,000'' and inserting ``$50,000,000''; and (2) in the heading, by striking ``$10,000,000'' and inserting ``$50,000,000''. (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 3. EXPANSION OF CERTAIN EXCEPTIONS TO THE PRIVATE ACTIVITY BOND RULES FOR FIRST-TIME FARMERS. (a) Increase in Dollar Limitation.-- (1) In general.--Section 147(c)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$450,000'' and inserting ``$552,500''. (2) Repeal of separate lower dollar limitation on used farm equipment.--Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. (4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (B) Cross-reference.--Section 144(a)(11) of such Code is amended by adding at the end the following new subparagraph: ``(D) Inflation adjustment.--For inflation adjustment of dollar amount contained in subparagraph (A), see section 147(c)(2)(G).''. (b) Substantial Farmland Determined on Basis of Average Rather Than Median Farm Size.--Section 147(c)(2)(E) of such Code is amended by striking ``median'' and inserting ``average''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. <all>

This bill modifies provisions relating to qualified small issue bonds for manufacturing purposes by expanding the definition of manufacturing facility to include a facility that (1) is used in the creation or production of intangible property; or (2) is functionally related, subordinate to, and located on the same site as a facility used in the manufacturing or production of tangible or intangible personal property. The bill also increases from $10 million to $50 million the maximum bond size limitation. The bill modifies requirements for private activity bond financing for first-time farmers. The modified provisions (1) increase from $450,000 to $552,500 (adjusted annually for inflation) the amount of bond proceeds that may be used by a first-time farmer to acquire land for farming purposes, (2) repeal the separate dollar limitation on the use of bond proceeds for used farm equipment, and (3) revise the definition of substantial farmland to determine farm size by reference to the average (instead of median) size of a farm in the county in which the farm is located.

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. 2. (a) Manufacturing Facilities To Include Production of Intangible Property and Functionally Related Facilities.--Subparagraph (C) of section 144(a)(12) of the Internal Revenue Code of 1986 is amended to read as follows: ``(C) Manufacturing facility.--For purposes of this paragraph-- ``(i) In general.--The term `manufacturing facility' means any facility which-- ``(I) is used in the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), ``(II) is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), or ``(III) is functionally related and subordinate to a facility described in subclause (I) or (II) if such facility is located on the same site as the facility described in subclause (I) or (II). ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. (b) Increase in Limitations.--Section 144(a)(4) of such Code is amended-- (1) in subparagraph (A)(i), by striking ``$10,000,000'' and inserting ``$50,000,000''; and (2) in the heading, by striking ``$10,000,000'' and inserting ``$50,000,000''. (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. SEC. 3. (B) Cross-reference.--Section 144(a)(11) of such Code is amended by adding at the end the following new subparagraph: ``(D) Inflation adjustment.--For inflation adjustment of dollar amount contained in subparagraph (A), see section 147(c)(2)(G).''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. 2. (a) Manufacturing Facilities To Include Production of Intangible Property and Functionally Related Facilities.--Subparagraph (C) of section 144(a)(12) of the Internal Revenue Code of 1986 is amended to read as follows: ``(C) Manufacturing facility.--For purposes of this paragraph-- ``(i) In general.--The term `manufacturing facility' means any facility which-- ``(I) is used in the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), ``(II) is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), or ``(III) is functionally related and subordinate to a facility described in subclause (I) or (II) if such facility is located on the same site as the facility described in subclause (I) or (II). ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. (b) Increase in Limitations.--Section 144(a)(4) of such Code is amended-- (1) in subparagraph (A)(i), by striking ``$10,000,000'' and inserting ``$50,000,000''; and (2) in the heading, by striking ``$10,000,000'' and inserting ``$50,000,000''. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. SEC. 3. (B) Cross-reference.--Section 144(a)(11) of such Code is amended by adding at the end the following new subparagraph: ``(D) Inflation adjustment.--For inflation adjustment of dollar amount contained in subparagraph (A), see section 147(c)(2)(G).''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. 2. MODIFICATIONS TO QUALIFIED SMALL ISSUE BONDS. (a) Manufacturing Facilities To Include Production of Intangible Property and Functionally Related Facilities.--Subparagraph (C) of section 144(a)(12) of the Internal Revenue Code of 1986 is amended to read as follows: ``(C) Manufacturing facility.--For purposes of this paragraph-- ``(i) In general.--The term `manufacturing facility' means any facility which-- ``(I) is used in the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), ``(II) is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), or ``(III) is functionally related and subordinate to a facility described in subclause (I) or (II) if such facility is located on the same site as the facility described in subclause (I) or (II). ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iii) Limitation on office space.--A rule similar to the rule of section 142(b)(2) shall apply for purposes of clause (i). ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. (b) Increase in Limitations.--Section 144(a)(4) of such Code is amended-- (1) in subparagraph (A)(i), by striking ``$10,000,000'' and inserting ``$50,000,000''; and (2) in the heading, by striking ``$10,000,000'' and inserting ``$50,000,000''. (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 3. EXPANSION OF CERTAIN EXCEPTIONS TO THE PRIVATE ACTIVITY BOND RULES FOR FIRST-TIME FARMERS. (2) Repeal of separate lower dollar limitation on used farm equipment.--Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. (B) Cross-reference.--Section 144(a)(11) of such Code is amended by adding at the end the following new subparagraph: ``(D) Inflation adjustment.--For inflation adjustment of dollar amount contained in subparagraph (A), see section 147(c)(2)(G).''. (b) Substantial Farmland Determined on Basis of Average Rather Than Median Farm Size.--Section 147(c)(2)(E) of such Code is amended by striking ``median'' and inserting ``average''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. SEC. 2. MODIFICATIONS TO QUALIFIED SMALL ISSUE BONDS. (a) Manufacturing Facilities To Include Production of Intangible Property and Functionally Related Facilities.--Subparagraph (C) of section 144(a)(12) of the Internal Revenue Code of 1986 is amended to read as follows: ``(C) Manufacturing facility.--For purposes of this paragraph-- ``(i) In general.--The term `manufacturing facility' means any facility which-- ``(I) is used in the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), ``(II) is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), or ``(III) is functionally related and subordinate to a facility described in subclause (I) or (II) if such facility is located on the same site as the facility described in subclause (I) or (II). ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iii) Limitation on office space.--A rule similar to the rule of section 142(b)(2) shall apply for purposes of clause (i). ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. (b) Increase in Limitations.--Section 144(a)(4) of such Code is amended-- (1) in subparagraph (A)(i), by striking ``$10,000,000'' and inserting ``$50,000,000''; and (2) in the heading, by striking ``$10,000,000'' and inserting ``$50,000,000''. (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 3. EXPANSION OF CERTAIN EXCEPTIONS TO THE PRIVATE ACTIVITY BOND RULES FOR FIRST-TIME FARMERS. (a) Increase in Dollar Limitation.-- (1) In general.--Section 147(c)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$450,000'' and inserting ``$552,500''. (2) Repeal of separate lower dollar limitation on used farm equipment.--Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. (4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (B) Cross-reference.--Section 144(a)(11) of such Code is amended by adding at the end the following new subparagraph: ``(D) Inflation adjustment.--For inflation adjustment of dollar amount contained in subparagraph (A), see section 147(c)(2)(G).''. (b) Substantial Farmland Determined on Basis of Average Rather Than Median Farm Size.--Section 147(c)(2)(E) of such Code is amended by striking ``median'' and inserting ``average''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. 2) Repeal of separate lower dollar limitation on used farm equipment.--Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. 2) Repeal of separate lower dollar limitation on used farm equipment.--Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. 2) Repeal of separate lower dollar limitation on used farm equipment.--Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. This Act may be cited as the ``Modernizing Agricultural and Manufacturing Bonds Act''. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. 2) Repeal of separate lower dollar limitation on used farm equipment.--Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ``(iv) Limitation on refundings for certain property.--Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act, or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act applies)), either directly or in a series of refundings.''. ( c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. (3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. ( 4) Inflation adjustment.-- (A) In general.--Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended-- (i) by striking ``after 2008, the dollar amount in subparagraph (A) shall be increased'' and inserting ``after 2021, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased''; and (ii) in clause (ii), by striking ``2007'' and inserting ``2020''. (

To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. ``(ii) Certain facilities included.--The term `manufacturing facility' includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if-- ``(I) those facilities are located on the same site as the manufacturing facility, and ``(II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. ( (c) Adjustment for Inflation.--Section 144(a)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(H) Adjustment for inflation.--In the case of any calendar year after 2021, the $50,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. 3) Qualified small issue bond limitation conformed to increased dollar limitation.--Section 144(a)(11)(A) of such Code is amended by striking ``$250,000'' and inserting ``$552,500''. (

This bill modifies the tax treatment of certain small issue manufacturing bonds. Specifically, the bill expands the definition of manufacturing facility to include any facility that (1) is used in the manufacturing or production of tangible personal property, or (2) produces or processes such property. The bill also expands the exemption from the private activity bond rules for first-time farmers.

This bill modifies the tax treatment of certain small issue manufacturing bonds. Specifically, the bill expands the definition of manufacturing facility to include facilities that (1) are used in the manufacturing or production of tangible personal property, or (2) are functionally related and subordinate to a facility that is located on the same site as the manufacturing facility.

This bill modifies the tax treatment of certain small issue manufacturing bonds. Specifically, the bill increases from $10 million to $50 million the maximum amount of such bonds that may be issued. The bill also expands the exemption for first-time farmers to include facilities that are directly related and ancillary to a manufacturing facility if (1) those facilities are located on the same site as the facility, and (2) not more than 25% of the net proceeds of the issue are used to provide those facilities.

This bill modifies the tax treatment of agricultural and manufacturing bonds. Specifically, the bill increases the amount of tax-exempt bonds that may be issued for the creation or production of intangible property and functionally related facilities. The bill also increases the limits on the use of the net proceeds of such bonds.

This bill modifies certain rules applicable to qualified small issue manufacturing bonds. Specifically, the bill expands the definition of manufacturing facility to include facilities that are directly related and ancillary to a manufacturing facility if (1) those facilities are located on the same site as the manufacturing facility, and (2) not more than 25% of the net proceeds of the bond are used to provide those facilities. The bill also repeals a separate lower dollar limitation on used farm equipment.

This bill modifies the tax treatment of qualified small issue manufacturing bonds. Specifically, the bill expands the definition of manufacturing facility to include facilities that are directly related and ancillary to a manufacturing facility if (1) those facilities are located on the same site as the manufacturing facility, and (2) not more than 25% of the net proceeds of the bond are used to provide those facilities.

This bill modifies the tax treatment of certain small issue manufacturing bonds. Specifically, the bill increases from $250,000 to $50,000,000 the amount of such bonds that may be issued. The bill also expands the exemption from the private activity bond rules for first-time farmers to include facilities that are directly related and ancillary to a manufacturing facility and not more than 25% of the net proceeds of the bond are used to provide those facilities.

This bill modifies the tax treatment of certain small issue manufacturing bonds. Specifically, the bill increases the amount of such bonds from $250,000 to $50 million. The bill also expands the tax exemption for first-time farmers to include facilities that are directly related and ancillary to a manufacturing facility if (1) those facilities are located on the same site as the manufacturing facility, and (2) not more than 25% of the net proceeds of the bond are used to provide those facilities.

To amend the Internal Revenue Code of 1986 to modify certain rules                 󾌾                 (a) and (b) (c) applicable to qualified small issue manufacturing bonds, to expand                 certain exceptions to the private activity bond rules for first-time                                                       , and to provide for the creation of new small-scale manufacturing facilities, to make certain modifications to the Private Activity Bonds Act of 1986, to provide certain exemptions to the Small-Scale Manufacturing Bonds Act, to create

Energy

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Materials Processing Technology Testbed Act''. SEC. 2. CRITICAL MATERIALS PROCESSING TECHNOLOGY TESTBED. (a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. (2) Selection.--In administering the process referred to in paragraph (1), the Secretary shall consider applications from National Laboratories, institutions of higher education, private companies, multi-institutional collaborations, and other entities the Secretary determines appropriate. The Secretary may implement the Testbed as a single site or more than one site as necessary to carry out the mission of the Testbed as described in subsections (a) and (b). (b) Focus Areas.--The Testbed shall include a focus on substantive and innovative improvements to critical materials processing technologies, including relating to the following: (1) Reduced energy intensity. (2) Reduced pollutants. (3) Reduced water consumption. (4) Lower environmental and societal impacts. (5) Lower lifecycle costs. (6) Improved recovery efficiencies. (7) Process improvement beyond traditional thermal or pyro chemical techniques. (8) Reduced volumes and toxicity of waste. (9) Noise reduction. (10) Worker safety. (11) Processing techniques and technologies which have applicability to a wide range of material sources. (c) Duration.-- (1) In general.--The Testbed shall receive support for a period of not more than five years, subject to the availability of appropriations. (2) Renewal.--Upon the expiration of any period of support of the Testbed, the Secretary may renew support for the Testbed, on a merit-reviewed process, for a period of not more than five years. (d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. (f) Interagency Engagement.--In carrying out this section, the Secretary shall-- (1) consult with the Administrator of the Environmental Protection Agency to ensure the goals and objectives of the Testbed align with applicable laws and regulations and environmental justice priorities; and (2) ensure appropriate cooperation with, and avoid unnecessary duplication of, the activities of the Testbed with the activities of-- (A) other research entities of the Department; (B) the National Laboratories; (C) other Federal agencies; (D) institutions of higher education; (E) United States industry; (F) nongovernmental organizations; and (G) other relevant individuals or entities. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. (2) Cost share.--The Secretary may require that funds made available pursuant to the authorization under paragraph (1)(B) be cost-shared by entities other than a National Laboratory seeking to conduct research, development, or demonstration activities at the Testbed. (h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (B) A strategic mineral as determined by the Secretary of Defense pursuant to Presidential Determination 2022-11. (2) Department.--The term ``Department'' means the Department of Energy. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. <all>

This bill requires the Department of Energy to establish testbed capability for researching, developing, and demonstrating technologies for processing critical materials, including feedstock materials. (Testbeds are platforms or facilities that allow for rigorous, transparent, and replicable testing of theories, tools, and technologies.)

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. CRITICAL MATERIALS PROCESSING TECHNOLOGY TESTBED. (a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. The Secretary may implement the Testbed as a single site or more than one site as necessary to carry out the mission of the Testbed as described in subsections (a) and (b). (b) Focus Areas.--The Testbed shall include a focus on substantive and innovative improvements to critical materials processing technologies, including relating to the following: (1) Reduced energy intensity. (2) Reduced pollutants. (3) Reduced water consumption. (4) Lower environmental and societal impacts. (6) Improved recovery efficiencies. (7) Process improvement beyond traditional thermal or pyro chemical techniques. (8) Reduced volumes and toxicity of waste. (9) Noise reduction. (10) Worker safety. (11) Processing techniques and technologies which have applicability to a wide range of material sources. (c) Duration.-- (1) In general.--The Testbed shall receive support for a period of not more than five years, subject to the availability of appropriations. (d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. (2) Cost share.--The Secretary may require that funds made available pursuant to the authorization under paragraph (1)(B) be cost-shared by entities other than a National Laboratory seeking to conduct research, development, or demonstration activities at the Testbed. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (B) A strategic mineral as determined by the Secretary of Defense pursuant to Presidential Determination 2022-11. (2) Department.--The term ``Department'' means the Department of Energy. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). 15801(3)). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. CRITICAL MATERIALS PROCESSING TECHNOLOGY TESTBED. The Secretary may implement the Testbed as a single site or more than one site as necessary to carry out the mission of the Testbed as described in subsections (a) and (b). (2) Reduced pollutants. (4) Lower environmental and societal impacts. (6) Improved recovery efficiencies. (7) Process improvement beyond traditional thermal or pyro chemical techniques. (8) Reduced volumes and toxicity of waste. (9) Noise reduction. (10) Worker safety. (c) Duration.-- (1) In general.--The Testbed shall receive support for a period of not more than five years, subject to the availability of appropriations. (d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. (2) Cost share.--The Secretary may require that funds made available pursuant to the authorization under paragraph (1)(B) be cost-shared by entities other than a National Laboratory seeking to conduct research, development, or demonstration activities at the Testbed. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (B) A strategic mineral as determined by the Secretary of Defense pursuant to Presidential Determination 2022-11. (2) Department.--The term ``Department'' means the Department of Energy. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy.

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Materials Processing Technology Testbed Act''. SEC. 2. CRITICAL MATERIALS PROCESSING TECHNOLOGY TESTBED. (a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. (2) Selection.--In administering the process referred to in paragraph (1), the Secretary shall consider applications from National Laboratories, institutions of higher education, private companies, multi-institutional collaborations, and other entities the Secretary determines appropriate. The Secretary may implement the Testbed as a single site or more than one site as necessary to carry out the mission of the Testbed as described in subsections (a) and (b). (b) Focus Areas.--The Testbed shall include a focus on substantive and innovative improvements to critical materials processing technologies, including relating to the following: (1) Reduced energy intensity. (2) Reduced pollutants. (3) Reduced water consumption. (4) Lower environmental and societal impacts. (5) Lower lifecycle costs. (6) Improved recovery efficiencies. (7) Process improvement beyond traditional thermal or pyro chemical techniques. (8) Reduced volumes and toxicity of waste. (9) Noise reduction. (10) Worker safety. (11) Processing techniques and technologies which have applicability to a wide range of material sources. (c) Duration.-- (1) In general.--The Testbed shall receive support for a period of not more than five years, subject to the availability of appropriations. (2) Renewal.--Upon the expiration of any period of support of the Testbed, the Secretary may renew support for the Testbed, on a merit-reviewed process, for a period of not more than five years. (d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. (f) Interagency Engagement.--In carrying out this section, the Secretary shall-- (1) consult with the Administrator of the Environmental Protection Agency to ensure the goals and objectives of the Testbed align with applicable laws and regulations and environmental justice priorities; and (2) ensure appropriate cooperation with, and avoid unnecessary duplication of, the activities of the Testbed with the activities of-- (A) other research entities of the Department; (B) the National Laboratories; (C) other Federal agencies; (D) institutions of higher education; (E) United States industry; (F) nongovernmental organizations; and (G) other relevant individuals or entities. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. (2) Cost share.--The Secretary may require that funds made available pursuant to the authorization under paragraph (1)(B) be cost-shared by entities other than a National Laboratory seeking to conduct research, development, or demonstration activities at the Testbed. (h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (B) A strategic mineral as determined by the Secretary of Defense pursuant to Presidential Determination 2022-11. (2) Department.--The term ``Department'' means the Department of Energy. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. <all>

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Materials Processing Technology Testbed Act''. SEC. 2. CRITICAL MATERIALS PROCESSING TECHNOLOGY TESTBED. (a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. (2) Selection.--In administering the process referred to in paragraph (1), the Secretary shall consider applications from National Laboratories, institutions of higher education, private companies, multi-institutional collaborations, and other entities the Secretary determines appropriate. The Secretary may implement the Testbed as a single site or more than one site as necessary to carry out the mission of the Testbed as described in subsections (a) and (b). (b) Focus Areas.--The Testbed shall include a focus on substantive and innovative improvements to critical materials processing technologies, including relating to the following: (1) Reduced energy intensity. (2) Reduced pollutants. (3) Reduced water consumption. (4) Lower environmental and societal impacts. (5) Lower lifecycle costs. (6) Improved recovery efficiencies. (7) Process improvement beyond traditional thermal or pyro chemical techniques. (8) Reduced volumes and toxicity of waste. (9) Noise reduction. (10) Worker safety. (11) Processing techniques and technologies which have applicability to a wide range of material sources. (c) Duration.-- (1) In general.--The Testbed shall receive support for a period of not more than five years, subject to the availability of appropriations. (2) Renewal.--Upon the expiration of any period of support of the Testbed, the Secretary may renew support for the Testbed, on a merit-reviewed process, for a period of not more than five years. (d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. (f) Interagency Engagement.--In carrying out this section, the Secretary shall-- (1) consult with the Administrator of the Environmental Protection Agency to ensure the goals and objectives of the Testbed align with applicable laws and regulations and environmental justice priorities; and (2) ensure appropriate cooperation with, and avoid unnecessary duplication of, the activities of the Testbed with the activities of-- (A) other research entities of the Department; (B) the National Laboratories; (C) other Federal agencies; (D) institutions of higher education; (E) United States industry; (F) nongovernmental organizations; and (G) other relevant individuals or entities. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. (2) Cost share.--The Secretary may require that funds made available pursuant to the authorization under paragraph (1)(B) be cost-shared by entities other than a National Laboratory seeking to conduct research, development, or demonstration activities at the Testbed. (h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (B) A strategic mineral as determined by the Secretary of Defense pursuant to Presidential Determination 2022-11. (2) Department.--The term ``Department'' means the Department of Energy. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. <all>

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. ( 5) Lower lifecycle costs. ( (8) Reduced volumes and toxicity of waste. ( e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. ( 4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. 5) Lower lifecycle costs. ( 7) Process improvement beyond traditional thermal or pyro chemical techniques. ( d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. 5) Lower lifecycle costs. ( 7) Process improvement beyond traditional thermal or pyro chemical techniques. ( d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. ( 5) Lower lifecycle costs. ( (8) Reduced volumes and toxicity of waste. ( e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. ( 4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. 5) Lower lifecycle costs. ( 7) Process improvement beyond traditional thermal or pyro chemical techniques. ( d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. ( 5) Lower lifecycle costs. ( (8) Reduced volumes and toxicity of waste. ( e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. ( 4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. 5) Lower lifecycle costs. ( 7) Process improvement beyond traditional thermal or pyro chemical techniques. ( d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. ( 5) Lower lifecycle costs. ( (8) Reduced volumes and toxicity of waste. ( e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. ( 4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. 5) Lower lifecycle costs. ( 7) Process improvement beyond traditional thermal or pyro chemical techniques. ( d) Technology Transfer.--The Secretary, in coordination with the Director of the Office of Technology Transitions of the Department, shall facilitate the translation and secure transfer to industry of research results produced at the Testbed. (e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( h) Definitions.--In this section: (1) Critical material.--The term ``critical material'' means any of the following: (A) A critical material, as such term is defined in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2); enacted as division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (

To establish a Critical Materials Processing Technology Testbed Capability, and for other purposes. a) Establishment.-- (1) In general.--The Secretary, in consultation with other appropriate Federal agencies, shall administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability (referred to in this section as the ``Testbed'') that allows for-- (A) research, development, and demonstration of novel critical materials processing technologies; and (B) scalable performance testing to be conducted on feedstock materials. ( 5) Lower lifecycle costs. ( (8) Reduced volumes and toxicity of waste. ( e) Intellectual Property.--The Secretary shall ensure the intellectual property and value proposition generated by research, development, and demonstration activities at the Testbed are retained within the United States. ( (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary-- (A) $150,000,000 for fiscal year 2023 to establish the Testbed; and (B) $25,000,000 for each of fiscal years 2024 through 2027 to carry out the activities of the Testbed. ( 4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (

This bill requires the Department of Energy (DOE) to administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability that allows for (1) research, development, and demonstration of novel critical materials processing technologies; and (2) scalable performance testing to be conducted on feedstock materials. DOE may implement the Testbed as a single site or more than one site as necessary to carry out the mission of the testbed.

This bill directs the Department of Energy (DOE) to administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability that allows for (1) research, development, and demonstration of novel critical materials processing technologies; and (2) scalable performance testing to be conducted on feedstock materials. DOE may implement the Testbed as a single site or more than one site as necessary to carry out the mission of the testbed.

This bill directs the Department of Energy (DOE) to establish the Critical Materials Processing Technology Testbed to support research, development, and demonstration activities related to critical materials processing technology. Specifically, DOE must establish the testbed as a single site or more than one site as necessary to carry out the mission of the Testbed. The testbed shall receive support for a period of not more than five years, subject to the availability of appropriations. DOE must facilitate the translation and secure transfer to industry of research results produced at the research results. The bill also requires DOE to ensure the intellectual property and value proposition generated by research

This bill requires the Department of Energy to administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability that allows for (1) research, development, and demonstration of novel critical materials processing technologies; and (2) scalable performance testing to be conducted on feedstock materials.

This bill directs the Department of Energy (DOE) to administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability that allows for (1) research, development, and demonstration of novel critical materials processing technologies; and (2) scalable performance testing to be conducted on feedstock materials. DOE may implement the testbed as a single site or more than one site as necessary to carry out its mission.

This bill directs the Department of Energy (DOE) to administer a competitive, merit reviewed process to establish a Critical Materials Processing Technology Testbed Capability that allows for (1) research, development, and demonstration of novel critical materials processing technologies; and (2) scalable performance testing to be conducted on feedstock materials. DOE may implement the testbed as a single site or more than one site as necessary to carry out its mission.

This bill requires the Department of Energy (DOE) to establish a Critical Materials Processing Technology Testbed within the National Institute of Standards and Technology (NIST) to conduct research, development, and demonstration activities related to critical materials processing technology. Specifically, DOE must ensure the intellectual property and value proposition generated by research activities at the testbed are retained within the United States. DOE must also facilitate the translation and secure transfer to industry of research results produced at the Testbed.

This bill requires the Department of Energy (DOE) to establish a Critical Materials Processing Technology Testbed Capability that allows for (1) research, development, and demonstration of novel critical materials processing technologies; and (2) scalable performance testing to be conducted on feedstock materials. DOE must ensure that the intellectual property and value proposition generated by research and demonstration activities at the testbed are retained within the United States.

SEC. 2. CRITICAL MATERIALS PROCESSING TECHNOLOGY TESTBED. SHORT TITLE. ARTICLE 1. ARTICLE 2. ARTICLE 3. ARTICLE 4. ARTICLE 5. ARTICLE 6. ARTICLE 7. ARTICLE 8. ARTICLE 9. ARTICLE 10. ARTICLE 11. ARTICLE 12. ARTICLE 13. ARTICLE 14. ARTICLE 15. ARTICLE 16. ARTICLE 17. ARTICLE 18. ARTICLE 19. ARTICLE 20. ARTICLE 21. ARTICLE 22. ARTICLE 23. ARTICLE 24. ARTICLE 25. ARTICLE 26. ARTICLE 27. ARTICLE 28. ARTICLE 29. ARTICLE 30. ARTICLE 31. ARTICLE 32. ARTICLE 33.

Economics and Public Finance

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional 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 ``Debt Ceiling Reform Act''. SEC. 2. PROCEDURES FOR CONGRESSIONAL DISAPPROVAL OF ISSUANCE OF ADDITIONAL DEBT. Section 3101 of title 31, United States Code, is amended to read as follows: ``Sec. 3101. Public debt limit ``(a) Definition of Joint Resolution.--In this section, the term `joint resolution' means a joint resolution-- ``(1) that is introduced during the period-- ``(A) beginning on the date on which a certification under subsection (b)(1) is received; and ``(B) ending on the date that is 3 calendar days after the date described in subparagraph (A) (or, if a House was not in session, the next calendar day on which that House is in session); ``(2) which does not have a preamble; ``(3) the title of which is only as follows: `Joint resolution relating to the disapproval of the President's exercise of authority to issue additional debt, as submitted under section 3101 of title 31, United States Code, on ______' (with the blank space being filled in with the date on which the applicable certification under subsection (b)(1) was received); and ``(4) the matter after the resolving clause of which is only as follows: `That Congress disapproves of the President's exercise of the authority to issue additional debt, as exercised pursuant to the certification under section 3101(b) of title 31, United States Code.'. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(2) Authority to issue debt after certification.--Subject to the requirements of this section, the United States may issue additional debt as necessary to meet existing commitments on and after the date on which the President submits a written certification to Congress under paragraph (1). ``(3) Resolution of disapproval.--Congress may consider a joint resolution relating to each certification submitted by the President under paragraph (1). ``(c) Enactment of Joint Resolution.--The United States may not issue additional debt if, not later than 50 calendar days after the date on which Congress receives a certification submitted under subsection (b)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority to issue additional debt. ``(d) Expedited Consideration in the House of Representatives.-- ``(1) Reconvening.--Upon receipt of a certification submitted under subsection (b)(1), the Speaker, if the House of Representatives would otherwise be adjourned, shall notify the Members of the House of Representatives that, pursuant to this section, the House of Representatives shall convene not later than the second calendar day after receipt of such certification. ``(2) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. ``(3) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order with respect to a joint resolution relating to a certification after the House of Representatives has disposed of a motion to proceed that joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(4) Consideration.--A joint resolution shall be considered as read. All points of order against a joint resolution and against its consideration are waived. An amendment to a joint resolution is not in order. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of a joint resolution shall not be in order. ``(e) Expedited Procedure in the Senate.-- ``(1) Reconvening.--Upon receipt of a certification under subsection (b)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. ``(2) Placement on calendar.--Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. ``(3) Floor consideration.-- ``(A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under subsection (b)(1) and ending on the 6th day after the date on which Congress receives the certification (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of a joint resolution relating to the certification, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(B) Consideration.--Consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to a joint resolution, a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit a joint resolution is not in order. ``(C) Vote on passage.--If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(f) Coordination With Action by Other House.-- ``(1) In general.--If, before passing a joint resolution relating to a certification under subsection (b)(1), one House receives from the other a joint resolution relating to the same certification-- ``(A) the joint resolution of the other House shall not be referred to a committee; and ``(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(3) Treatment of companion measures.--If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(B) Veto message.--Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(5) Veto override.--If, within the calendar day period described in subsection (c), Congress overrides a veto of a joint resolution relating to a certification submitted under subsection (b)(1), the United States may not issue any additional debt this chapter. ``(g) Rules of House of Representatives and Senate.--This subsection and subsections (a), (d), (e), and (f) are enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and they supersede other rules only to the extent that they are inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(h) Debt Defined.-- ``(1) In general.--For purposes of this section, the term `debt' means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. ``(B) Certain obligations not redeemable before maturity.--For purposes of this section, the face amount, for any month, of any obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of-- ``(i) the original issue price of the obligation, plus ``(ii) the portion of the discount on the obligation attributable to periods before the beginning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any exceptions contained in paragraph (2) of such section).''. SEC. 3. REPEAL OF EXPIRED PROVISION. (a) Repeal.--Section 3101A of title 31, United States Code, is repealed. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 31 of title 31, United States Code, is amended by striking the item relating to section 3101A. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) In General.-- (1) Section 8348 of title 5, United States Code, is amended by striking subsections (j), (k), and (l). (2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (3) Section 14(d)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (b) Savings Provisions.--Notwithstanding the amendments made by paragraphs (1) and (2) of subsection (a)-- (1) paragraphs (2), (3), and (4) of subsection (j) and subsection (l)(1) of section 8348 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8348(j)(5) of such title) that is in effect on the date of enactment of this Act; and (2) paragraphs (2), (3), and (4) of subsection (g) and subsection (h)(1) of section 8438 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8438(g)(6) of such title) that is in effect on the date of enactment of this Act. <all>

This bill replaces the existing federal debt limit with procedures that allow the Department of the Treasury to continue issuing additional debt unless Congress passes a joint resolution of disapproval regarding the additional debt, and the joint resolution becomes law.

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional 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 ``Debt Ceiling Reform Act''. 2. 3101. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. The motion shall not be debatable. All points of order against a joint resolution and against its consideration are waived. An amendment to a joint resolution is not in order. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. The motion to proceed is not debatable. ``(5) Veto override.--If, within the calendar day period described in subsection (c), Congress overrides a veto of a joint resolution relating to a certification submitted under subsection (b)(1), the United States may not issue any additional debt this chapter. ``(g) Rules of House of Representatives and Senate.--This subsection and subsections (a), (d), (e), and (f) are enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and they supersede other rules only to the extent that they are inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. 3. SEC. 4.

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional 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 ``Debt Ceiling Reform Act''. 2. 3101. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. The motion shall not be debatable. All points of order against a joint resolution and against its consideration are waived. An amendment to a joint resolution is not in order. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. The motion to proceed is not debatable. ``(5) Veto override.--If, within the calendar day period described in subsection (c), Congress overrides a veto of a joint resolution relating to a certification submitted under subsection (b)(1), the United States may not issue any additional debt this chapter. ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. 3. SEC. 4.

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional 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 ``Debt Ceiling Reform Act''. 2. 3101. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. All points of order against a joint resolution and against its consideration are waived. An amendment to a joint resolution is not in order. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. ``(e) Expedited Procedure in the Senate.-- ``(1) Reconvening.--Upon receipt of a certification under subsection (b)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. The motion to proceed is not debatable. ``(3) Treatment of companion measures.--If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(5) Veto override.--If, within the calendar day period described in subsection (c), Congress overrides a veto of a joint resolution relating to a certification submitted under subsection (b)(1), the United States may not issue any additional debt this chapter. ``(g) Rules of House of Representatives and Senate.--This subsection and subsections (a), (d), (e), and (f) are enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and they supersede other rules only to the extent that they are inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. 3. REPEAL OF EXPIRED PROVISION. SEC. 4. 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (b) Savings Provisions.--Notwithstanding the amendments made by paragraphs (1) and (2) of subsection (a)-- (1) paragraphs (2), (3), and (4) of subsection (j) and subsection (l)(1) of section 8348 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8348(j)(5) of such title) that is in effect on the date of enactment of this Act; and (2) paragraphs (2), (3), and (4) of subsection (g) and subsection (h)(1) of section 8438 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8438(g)(6) of such title) that is in effect on the date of enactment of this Act.

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional 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 ``Debt Ceiling Reform Act''. 2. 3101. Public debt limit ``(a) Definition of Joint Resolution.--In this section, the term `joint resolution' means a joint resolution-- ``(1) that is introduced during the period-- ``(A) beginning on the date on which a certification under subsection (b)(1) is received; and ``(B) ending on the date that is 3 calendar days after the date described in subparagraph (A) (or, if a House was not in session, the next calendar day on which that House is in session); ``(2) which does not have a preamble; ``(3) the title of which is only as follows: `Joint resolution relating to the disapproval of the President's exercise of authority to issue additional debt, as submitted under section 3101 of title 31, United States Code, on ______' (with the blank space being filled in with the date on which the applicable certification under subsection (b)(1) was received); and ``(4) the matter after the resolving clause of which is only as follows: `That Congress disapproves of the President's exercise of the authority to issue additional debt, as exercised pursuant to the certification under section 3101(b) of title 31, United States Code.'. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. All points of order against a joint resolution and against its consideration are waived. An amendment to a joint resolution is not in order. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. ``(e) Expedited Procedure in the Senate.-- ``(1) Reconvening.--Upon receipt of a certification under subsection (b)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. ``(2) Placement on calendar.--Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. ``(3) Treatment of companion measures.--If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(5) Veto override.--If, within the calendar day period described in subsection (c), Congress overrides a veto of a joint resolution relating to a certification submitted under subsection (b)(1), the United States may not issue any additional debt this chapter. ``(g) Rules of House of Representatives and Senate.--This subsection and subsections (a), (d), (e), and (f) are enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and they supersede other rules only to the extent that they are inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. 3. REPEAL OF EXPIRED PROVISION. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (3) Section 14(d)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (b) Savings Provisions.--Notwithstanding the amendments made by paragraphs (1) and (2) of subsection (a)-- (1) paragraphs (2), (3), and (4) of subsection (j) and subsection (l)(1) of section 8348 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8348(j)(5) of such title) that is in effect on the date of enactment of this Act; and (2) paragraphs (2), (3), and (4) of subsection (g) and subsection (h)(1) of section 8438 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8438(g)(6) of such title) that is in effect on the date of enactment of this Act.

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. Section 3101 of title 31, United States Code, is amended to read as follows: ``Sec. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(2) Authority to issue debt after certification.--Subject to the requirements of this section, the United States may issue additional debt as necessary to meet existing commitments on and after the date on which the President submits a written certification to Congress under paragraph (1). ``(c) Enactment of Joint Resolution.--The United States may not issue additional debt if, not later than 50 calendar days after the date on which Congress receives a certification submitted under subsection (b)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority to issue additional debt. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(4) Consideration.--A joint resolution shall be considered as read. A motion to reconsider the vote on passage of a joint resolution shall not be in order. ``(e) Expedited Procedure in the Senate.-- ``(1) Reconvening.--Upon receipt of a certification under subsection (b)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(B) Consideration.--Consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(3) Treatment of companion measures.--If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(B) Veto message.--Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(h) Debt Defined.-- ``(1) In general.--For purposes of this section, the term `debt' means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. REPEAL OF EXPIRED PROVISION. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). ( 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(3) Resolution of disapproval.--Congress may consider a joint resolution relating to each certification submitted by the President under paragraph (1). ``(2) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. The motion shall not be debatable. All points of order against a joint resolution and against its consideration are waived. The motion to proceed is not debatable. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. A motion further to limit debate is in order and not debatable. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. REPEAL OF EXPIRED PROVISION. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(3) Resolution of disapproval.--Congress may consider a joint resolution relating to each certification submitted by the President under paragraph (1). ``(2) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. The motion shall not be debatable. All points of order against a joint resolution and against its consideration are waived. The motion to proceed is not debatable. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. A motion further to limit debate is in order and not debatable. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. REPEAL OF EXPIRED PROVISION. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. Section 3101 of title 31, United States Code, is amended to read as follows: ``Sec. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(2) Authority to issue debt after certification.--Subject to the requirements of this section, the United States may issue additional debt as necessary to meet existing commitments on and after the date on which the President submits a written certification to Congress under paragraph (1). ``(c) Enactment of Joint Resolution.--The United States may not issue additional debt if, not later than 50 calendar days after the date on which Congress receives a certification submitted under subsection (b)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority to issue additional debt. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(4) Consideration.--A joint resolution shall be considered as read. A motion to reconsider the vote on passage of a joint resolution shall not be in order. ``(e) Expedited Procedure in the Senate.-- ``(1) Reconvening.--Upon receipt of a certification under subsection (b)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(B) Consideration.--Consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(3) Treatment of companion measures.--If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(B) Veto message.--Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(h) Debt Defined.-- ``(1) In general.--For purposes of this section, the term `debt' means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. REPEAL OF EXPIRED PROVISION. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). ( 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(3) Resolution of disapproval.--Congress may consider a joint resolution relating to each certification submitted by the President under paragraph (1). ``(2) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. The motion shall not be debatable. All points of order against a joint resolution and against its consideration are waived. The motion to proceed is not debatable. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. A motion further to limit debate is in order and not debatable. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. REPEAL OF EXPIRED PROVISION. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. Section 3101 of title 31, United States Code, is amended to read as follows: ``Sec. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(2) Authority to issue debt after certification.--Subject to the requirements of this section, the United States may issue additional debt as necessary to meet existing commitments on and after the date on which the President submits a written certification to Congress under paragraph (1). ``(c) Enactment of Joint Resolution.--The United States may not issue additional debt if, not later than 50 calendar days after the date on which Congress receives a certification submitted under subsection (b)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority to issue additional debt. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(4) Consideration.--A joint resolution shall be considered as read. A motion to reconsider the vote on passage of a joint resolution shall not be in order. ``(e) Expedited Procedure in the Senate.-- ``(1) Reconvening.--Upon receipt of a certification under subsection (b)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(B) Consideration.--Consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(3) Treatment of companion measures.--If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(B) Veto message.--Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(h) Debt Defined.-- ``(1) In general.--For purposes of this section, the term `debt' means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. REPEAL OF EXPIRED PROVISION. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). ( 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. ``(b) Certification.-- ``(1) In general.--The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. ``(3) Resolution of disapproval.--Congress may consider a joint resolution relating to each certification submitted by the President under paragraph (1). ``(2) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. The motion shall not be debatable. All points of order against a joint resolution and against its consideration are waived. The motion to proceed is not debatable. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. A motion further to limit debate is in order and not debatable. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(2) Determination of face amount.-- ``(A) In general.--For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. REPEAL OF EXPIRED PROVISION. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. ``(c) Enactment of Joint Resolution.--The United States may not issue additional debt if, not later than 50 calendar days after the date on which Congress receives a certification submitted under subsection (b)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority to issue additional debt. A motion to reconsider the vote on passage of a joint resolution shall not be in order. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(h) Debt Defined.-- ``(1) In general.--For purposes of this section, the term `debt' means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). ( 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. The motion to proceed is not debatable. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ( 2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (

To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt. ``(c) Enactment of Joint Resolution.--The United States may not issue additional debt if, not later than 50 calendar days after the date on which Congress receives a certification submitted under subsection (b)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority to issue additional debt. A motion to reconsider the vote on passage of a joint resolution shall not be in order. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). ``(h) Debt Defined.-- ``(1) In general.--For purposes of this section, the term `debt' means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). ( 1824(d)(2)(A)) is amended-- (A) by striking ``in section 3101(b)'' and inserting ``under section 3101''; and (B) by striking ``an obligation to which such limit applies'' and inserting ``debt, as defined in subsection (h) of such section''. (

This bill establishes procedures for congressional disapproval of the issuance of additional debt. Specifically, the bill establishes a joint resolution that is introduced during the period beginning on the date on which a certification of disapproval is received and ending three calendar days after the certification is received. The joint resolution must be approved by a two-thirds vote of each chamber of Congress.

This bill requires the President to submit to Congress a written certification whenever the debt is within $100 billion of a $1 billion increment and that further borrowing is required to meet existing commitments. The President may not issue additional debt if Congress disapproves.

This bill requires the President to submit to Congress a written certification whenever the President determines that the debt is within $100 billion of a $1 billion increment and that further borrowing is required to meet existing commitments. The President may not issue any additional debt this bill unless Congress overrides a veto of a joint resolution relating to the certification.

This bill requires the President to submit to Congress a written certification whenever the debt is within $100 billion of a $1 billion increment and that further borrowing is required to meet existing commitments. The President must submit such a certification within one calendar day of the certification and Congress must disapprove of the issuance of any additional debt. If Congress overrides a veto of a joint resolution relating to a certification submitted under this bill, the President may not issue additional debt this year.

This bill requires the President to submit to Congress a written certification whenever the debt is within $100 billion of a $1 billion increase and that further borrowing is required to meet existing commitments. The President must submit the certification within 30 days of the certification. The bill also requires the Senate to convene not later than the second calendar day after the certification is received. If the Senate has adjourned or recessed for more than two days, the majority leader must notify the Members of the Senate that, pursuant to this bill, the Senate must convene within two days after receiving the certification and the joint resolution shall be referred to the

This bill requires the President to submit to Congress a written certification whenever the debt is within $100 billion of a $1 trillion increment and that further borrowing is required to meet existing commitments. The President must submit the certification within three calendar days of receiving the certification. Congress must disapprove of the President's exercise of the authority to issue additional debt.

This bill establishes procedures for congressional disapproval of the issuance of additional debt. Specifically, the bill requires the President to submit to Congress a written certification whenever the President determines that the debt is within $100 billion of a $1 billion increment and that further borrowing is required to meet existing commitments. Congress may consider a joint resolution relating to each certification submitted by the President.

This bill establishes procedures for congressional disapproval of the issuance of additional debt. Specifically, the bill requires the President to submit to Congress a written certification whenever the President determines that the debt is within $100 billion of a $1 billion increment and that further borrowing is required to meet existing commitments. The President may not issue additional debt if, not later than 50 calendar days after the President submits the certification, Congress passes a joint resolution disapproving of the President's exercise of such authority.

To amend chapter 31 of title 31, United States Code, to provide �procedures for congressional disapproval of the issuance of additional                 Additional Debt. ``(a) Definition of Joint Resolution.--In this section, the term �`joint resolution' means a joint resolution-- ``(1) that is introduced during the period-- ``(2) which does not have a preamble; ``(3) the title of which is only as follows: `Joint                 Joint Resolution of the United States of America in Congress assembled, on ______' ``(4) the matter after the resolving clause of

Health

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare 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 ``Mental Health Access Improvement Act of 2021''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(lll)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(lll)(2)). ``(viii) A mental health counselor (as defined in section 1861(lll)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``, marriage and family therapist, or mental health counselor'' after ``social worker''. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022. <all>

This bill provides for coverage of marriage and family therapist services and mental health counselor services under Medicare. It also excludes such services from the skilled nursing facility prospective payment system, and authorizes marriage and family therapists and mental health counselors to develop discharge plans for post-hospital 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 ``Mental Health Access Improvement Act of 2021''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022.

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. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''.

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare 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 ``Mental Health Access Improvement Act of 2021''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(lll)(2)). (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022.

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare 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 ``Mental Health Access Improvement Act of 2021''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(lll)(2)). ``(viii) A mental health counselor (as defined in section 1861(lll)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022.

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. ( 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. ( c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. ( 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. ( d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022.

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. ( 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. ( d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022.

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. ( 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. ( c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. ( 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. ( d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022.

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. ( 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. ( c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. ( ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( ( c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. ( 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. ( ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( ( b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. (

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. 3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. ( ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( ( c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (

To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. ( 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. ( ( 5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. ( (

This bill provides for Medicare coverage of marriage and family therapist services and mental health counselor services.

This bill provides for Medicare coverage of marriage and family therapist services and mental health counselor services.

This bill provides for coverage of marriage and family therapist services and mental health counselor services under Medicare if no facility or other provider charges or is paid any amounts with respect to furnishing such services.

This bill expands coverage of marriage and family therapist services and mental health counselor services under the Medicare prescription drug benefit. Specifically, the bill provides that such services are covered if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services.

This bill provides for coverage of marriage and family therapist services and mental health counselor services under Medicare.

This bill provides for Medicare coverage of marriage and family therapist services and mental health counselor services. Specifically, the bill requires the payment of 80% of the lesser of the actual charge for the services or 75% of a psychologist's payment under the Medicare prospective payment system.

This bill provides for Medicare coverage of marriage and family therapist services and mental health counselor services.

This bill provides for Medicare coverage of marriage and family therapist services and mental health counselor services.

To amend title XVIII of the Social Security Act to provide for the ーク coverage of marriage and family therapist services and mental health                counselor services under part B of the Medicare program, and for other                mental health counseling services and counseling services under the State regulatory mechanism provided by the State of the United States of America in Congress assembled, as well as for the mental health care services of mental health counselors under state law. Be it enacted by the Senate and House of Representatives of the ݁United States of Congress, as amended, and as amended by the                                 

International Affairs

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on United States Involvement in Afghanistan Act of 2021''. SEC. 2. ESTABLISMENT. There is established in the executive branch an independent commission to be known as the National Commission on United States Involvement in Afghanistan (in this Act referred to as the ``Commission''). The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title. SEC. 3. PURPOSES. The purposes of the Commission are to-- (1) examine and report on the involvement of the United States in Afghanistan since 2001, including actions by the United States Armed Forces, the intelligence community, and all relevant Federal departments and agencies, and the efforts of the United States with North Atlantic Treaty Organization partners; (2) scrutinize the strategic goals and interests of the United States in Afghanistan as they evolved, including counterterrorism, stabilization objectives, and capacity- building efforts, and to determine the ability of the United States to have achieved such goals and interests; (3) review the progress assessments of the United States related to Afghanistan since 2001, and determine if such assessments were accurately and sufficiently communicated to policy makers and the American public; (4) fully examine the drawdown efforts of the United States and its allies in Afghanistan, culminating in the 2021 withdrawal, including a full review and assessment of diplomatic negotiations with the Taliban in Doha, Qatar, and the degree of consultation and communication with North Atlantic Treaty Organization allies and the Afghan government; (5) provide insight into the efforts of the United States to evacuate citizens of the United States from Afghanistan, administer the Special Immigration Visa program and provide evacuation of Afghan allies, and conduct a full accounting and inventory of military equipment, monies, and United States Government assets left in Afghanistan; and (6) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures to be taken to prevent future policy failures abroad. SEC. 4. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President; (2) 2 members shall be appointed by leadership of the Democratic Party in the Senate; (3) 2 members shall be appointed by leadership of the Republican Party in the Senate; (4) 2 members shall be appointed by leadership of the Democratic Party in the House of Representatives; (5) 2 members shall be appointed by leadership of the Republican Party in the House of Representatives; and (6) 1 member shall be appointed by the Secretary of Defense from the Special Inspector General for Afghanistan Reconstruction who, to the extent practicable, shall be a former agency executive, or former holder of a leadership position with the Special Inspector General for Afghanistan Reconstruction. (b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. (2) Qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, foreign assistance, and foreign affairs. (3) Political party affiliation.--To the extent practicable, members of the Commission shall not be affiliated with a major political party, with no more than 4 members being from the same political party. (4) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer, employee, or elected member of the Federal Government or an elected member of any State or local government. (5) Deadline for appointment.--Each member of the Commission shall be appointed by not later than 60 days after the date of the enactment of this bill. (6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. SEC. 5. FUNCTIONS OF COMMISSION. (a) In General.--The functions of the Commission are to carry out the following: (1) Investigate the relevant actions, decisions, and policies made by the United States in Afghanistan after the attacks of September 11, 2001, including decisions made by presidential administrations, the United States Armed Forces, the intelligence community, the Department of State, and other relevant Federal departments and agencies, and United States efforts made in conjunction with North Atlantic Treaty Organization allies and partners. (2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. (3) Identify, review, and evaluate the structures, coordination, and management of the policymaking of the Federal Government related to Afghanistan since 2001. (4) Provide a full assessment of the United States and allied drawdown efforts from Afghanistan, including the 2021 withdrawal, and review the advice provided by Federal agencies to the President, as well as the decision-making process with respect to the final withdrawal from Afghanistan. (5) Submit to the President and Congress such reports as required by this Act, containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, and management corrections for the Federal Government as it relates to foreign policy and national security decision making. (b) Scope of Investigation.--For purposes of subsection (a)(1), the term ``actions and decisions'' include actions and decisions relating to any of the following: (1) The President of the United States. (2) The National Security Council. (3) The United States Armed Forces. (4) The Department of Defense and its relevant agencies. (5) The intelligence community. (6) The Department of State and its relevant agencies. (7) Other Federal departments and agencies, as determined appropriate by the Commission. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. (d) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (e) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Commission upon request. (f) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (g) Gifts.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, accept, use, and dispose of gifts or donations of services or property. (h) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (i) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by the section. (j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. (2) Other staff.--The chairperson, in consultation with the vice chairperson, may appoint additional personnel as may be necessary to enable the Commission to carry out its functions. (3) Applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any individual appointed under paragraph (1) or (2) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (4) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (k) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. SECURITY CLEARANCE FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal departments and agencies shall cooperate with the Commission in expeditiously providing to the members and staff of the Commission appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. SEC. 9. REPORTS OF THE COMMISSION; TERMINATION. (a) Initial Report.--Not later than one year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for future corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than one year after the submission of the initial report of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for future corrective measures as have been agreed to by a majority of Commission members. (c) Form of Reports.--The reports required under subsections (a) and (b) shall each be submitted in unclassified form, but may contain a classified annex. (d) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate on the date that is 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission to carry out this Act $20,000,000, which shall remain available until the termination of the Commission under section 9(d). <all>

This bill establishes the independent National Commission on United States Involvement in Afghanistan. The commission shall assess and report on issues related to U.S. involvement in Afghanistan since 2001, specifically (1) U.S. strategic goals and interests and whether such goals were achieved, (2) U.S. assessments of the situation and whether those assessments were accurately communicated to policymakers and the public, (3) efforts by the United States and its allies to withdraw from Afghanistan, (4) U.S. efforts to evacuate U.S. citizens and Afghan allies, and (5) recommendations for corrective measures for future foreign policy endeavors. The commission terminates 60 days after submitting its final report to Congress.

SHORT TITLE. This Act may be cited as the ``National Commission on United States Involvement in Afghanistan Act of 2021''. 2. PURPOSES. (b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. (3) Political party affiliation.--To the extent practicable, members of the Commission shall not be affiliated with a major political party, with no more than 4 members being from the same political party. (6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. 5. FUNCTIONS OF COMMISSION. (4) Provide a full assessment of the United States and allied drawdown efforts from Afghanistan, including the 2021 withdrawal, and review the advice provided by Federal agencies to the President, as well as the decision-making process with respect to the final withdrawal from Afghanistan. (5) Submit to the President and Congress such reports as required by this Act, containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, and management corrections for the Federal Government as it relates to foreign policy and national security decision making. (3) The United States Armed Forces. (4) The Department of Defense and its relevant agencies. (5) The intelligence community. 6. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (i) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by the section. (j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. (3) Applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. 7. COMPENSATION AND TRAVEL EXPENSES. 9. REPORTS OF THE COMMISSION; TERMINATION. SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. This Act may be cited as the ``National Commission on United States Involvement in Afghanistan Act of 2021''. 2. PURPOSES. (3) Political party affiliation.--To the extent practicable, members of the Commission shall not be affiliated with a major political party, with no more than 4 members being from the same political party. (6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. Six members of the Commission shall constitute a quorum. 5. FUNCTIONS OF COMMISSION. (5) Submit to the President and Congress such reports as required by this Act, containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, and management corrections for the Federal Government as it relates to foreign policy and national security decision making. (3) The United States Armed Forces. (4) The Department of Defense and its relevant agencies. (5) The intelligence community. 6. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (i) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by the section. (j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. 7. COMPENSATION AND TRAVEL EXPENSES. 9. REPORTS OF THE COMMISSION; TERMINATION. SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on United States Involvement in Afghanistan Act of 2021''. 2. ESTABLISMENT. PURPOSES. (b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. (3) Political party affiliation.--To the extent practicable, members of the Commission shall not be affiliated with a major political party, with no more than 4 members being from the same political party. (6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. 5. FUNCTIONS OF COMMISSION. (3) Identify, review, and evaluate the structures, coordination, and management of the policymaking of the Federal Government related to Afghanistan since 2001. (4) Provide a full assessment of the United States and allied drawdown efforts from Afghanistan, including the 2021 withdrawal, and review the advice provided by Federal agencies to the President, as well as the decision-making process with respect to the final withdrawal from Afghanistan. (5) Submit to the President and Congress such reports as required by this Act, containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, and management corrections for the Federal Government as it relates to foreign policy and national security decision making. (3) The United States Armed Forces. (4) The Department of Defense and its relevant agencies. (5) The intelligence community. 6. (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. (e) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. (i) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by the section. (j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. (3) Applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. 7. COMPENSATION AND TRAVEL EXPENSES. 8. 9. REPORTS OF THE COMMISSION; TERMINATION. (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on United States Involvement in Afghanistan Act of 2021''. 2. ESTABLISMENT. PURPOSES. (b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. (3) Political party affiliation.--To the extent practicable, members of the Commission shall not be affiliated with a major political party, with no more than 4 members being from the same political party. (4) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer, employee, or elected member of the Federal Government or an elected member of any State or local government. (6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. 5. FUNCTIONS OF COMMISSION. (2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. (3) Identify, review, and evaluate the structures, coordination, and management of the policymaking of the Federal Government related to Afghanistan since 2001. (4) Provide a full assessment of the United States and allied drawdown efforts from Afghanistan, including the 2021 withdrawal, and review the advice provided by Federal agencies to the President, as well as the decision-making process with respect to the final withdrawal from Afghanistan. (5) Submit to the President and Congress such reports as required by this Act, containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, and management corrections for the Federal Government as it relates to foreign policy and national security decision making. (3) The United States Armed Forces. (4) The Department of Defense and its relevant agencies. (5) The intelligence community. 6. (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. (e) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. (f) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other services for the performance of the functions of the Commission. (g) Gifts.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, accept, use, and dispose of gifts or donations of services or property. (i) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by the section. (j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. (3) Applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. 7. COMPENSATION AND TRAVEL EXPENSES. 8. The appropriate Federal departments and agencies shall cooperate with the Commission in expeditiously providing to the members and staff of the Commission appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. 9. REPORTS OF THE COMMISSION; TERMINATION. (c) Form of Reports.--The reports required under subsections (a) and (b) shall each be submitted in unclassified form, but may contain a classified annex. (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission to carry out this Act $20,000,000, which shall remain available until the termination of the Commission under section 9(d).

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title. COMPOSITION OF COMMISSION. ( b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( (3) Political party affiliation.--To the extent practicable, members of the Commission shall not be affiliated with a major political party, with no more than 4 members being from the same political party. ( 6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. ( (a) In General.--The functions of the Commission are to carry out the following: (1) Investigate the relevant actions, decisions, and policies made by the United States in Afghanistan after the attacks of September 11, 2001, including decisions made by presidential administrations, the United States Armed Forces, the intelligence community, the Department of State, and other relevant Federal departments and agencies, and United States efforts made in conjunction with North Atlantic Treaty Organization allies and partners. ( 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( (b) Scope of Investigation.--For purposes of subsection (a)(1), the term ``actions and decisions'' include actions and decisions relating to any of the following: (1) The President of the United States. ( 6) The Department of State and its relevant agencies. ( 2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or produce documentary or other evidence. (c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. ( 2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (g) Gifts.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, accept, use, and dispose of gifts or donations of services or property. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( Any individual appointed under paragraph (1) or (2) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. ( k) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. a) Initial Report.--Not later than one year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for future corrective measures as have been agreed to by a majority of Commission members. ( (c) Form of Reports.--The reports required under subsections (a) and (b) shall each be submitted in unclassified form, but may contain a classified annex. ( 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title. COMPOSITION OF COMMISSION. b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( 6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. ( Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( 6) The Department of State and its relevant agencies. ( (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. ( c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. ( (2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( (k) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. a) Initial Report.--Not later than one year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for future corrective measures as have been agreed to by a majority of Commission members. ( (c) Form of Reports.--The reports required under subsections (a) and (b) shall each be submitted in unclassified form, but may contain a classified annex. ( 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title. COMPOSITION OF COMMISSION. b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( 6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. ( Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( 6) The Department of State and its relevant agencies. ( (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. ( c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. ( (2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( (k) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. a) Initial Report.--Not later than one year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for future corrective measures as have been agreed to by a majority of Commission members. ( (c) Form of Reports.--The reports required under subsections (a) and (b) shall each be submitted in unclassified form, but may contain a classified annex. ( 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title. COMPOSITION OF COMMISSION. ( b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( (3) Political party affiliation.--To the extent practicable, members of the Commission shall not be affiliated with a major political party, with no more than 4 members being from the same political party. ( 6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. ( (a) In General.--The functions of the Commission are to carry out the following: (1) Investigate the relevant actions, decisions, and policies made by the United States in Afghanistan after the attacks of September 11, 2001, including decisions made by presidential administrations, the United States Armed Forces, the intelligence community, the Department of State, and other relevant Federal departments and agencies, and United States efforts made in conjunction with North Atlantic Treaty Organization allies and partners. ( 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( (b) Scope of Investigation.--For purposes of subsection (a)(1), the term ``actions and decisions'' include actions and decisions relating to any of the following: (1) The President of the United States. ( 6) The Department of State and its relevant agencies. ( 2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or produce documentary or other evidence. (c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. ( 2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (g) Gifts.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, accept, use, and dispose of gifts or donations of services or property. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( Any individual appointed under paragraph (1) or (2) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. ( k) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. a) Initial Report.--Not later than one year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for future corrective measures as have been agreed to by a majority of Commission members. ( (c) Form of Reports.--The reports required under subsections (a) and (b) shall each be submitted in unclassified form, but may contain a classified annex. ( 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title. COMPOSITION OF COMMISSION. b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( 6) Initial meeting.--The Commission shall meet and begin the operations of the Commission by not later than 90 days after the date of the enactment of this Act. ( Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( 6) The Department of State and its relevant agencies. ( (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. ( c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. ( (2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( (k) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. a) Initial Report.--Not later than one year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for future corrective measures as have been agreed to by a majority of Commission members. ( (c) Form of Reports.--The reports required under subsections (a) and (b) shall each be submitted in unclassified form, but may contain a classified annex. ( 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( ( ( 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( ( 2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or produce documentary or other evidence. ( ( 2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. COMPOSITION OF COMMISSION. c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. ( ( ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( ( 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( ( ( 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( ( 2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or produce documentary or other evidence. ( ( 2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. COMPOSITION OF COMMISSION. c) Closed Meetings.--Notwithstanding any other provision of law that would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the Commission determines that such portion is likely to disclose matters that could endanger the national security of the United States. ( ( ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( ( 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

To establish the National Commission on United States Involvement in Afghanistan, and for other purposes. b) Leadership; Qualifications; Initial Meeting.-- (1) Leadership.--Upon the first meeting of the Commission, members shall designate, by majority vote, a chairperson and vice chairperson from among the members of the Commission to serve for the duration of the Commission. ( ( ( 2) Ascertain whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the Federal Government, including efforts made in coordination with allies and partners of the United States. ( ( 2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or produce documentary or other evidence. ( ( 2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ( j) Staff.-- (1) Director.--The Commission shall have a Director who shall be appointed by the chairperson and the vice chairperson, acting jointly. ( (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. 2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

This bill establishes in the executive branch the National Commission on United States Involvement in Afghanistan to examine and report on the involvement of the United States in Afghanistan since 2001, including actions by the U.S. Armed Forces, the intelligence community, and all relevant federal departments and agencies.

This bill establishes in the executive branch the National Commission on United States Involvement in Afghanistan. The commission shall examine and report on the involvement of the United States in Afghanistan since 2001, including actions by the U.S. Armed Forces, the intelligence community, and all relevant federal departments and agencies, and its efforts with North Atlantic Treaty Organization allies and the Afghan government.

This bill establishes the National Commission on U.S. Involvement in Afghanistan. The commission must submit to the President and Congress reports containing such findings, conclusions, and recommendations as the commission determines, including proposing organization, coordination, planning, and management corrections for the federal government as it relates to foreign policy and national security decision making.

This bill establishes the National Commission on U.S. Involvement in Afghanistan. The commission must provide a full assessment of the United States and allied drawdown efforts from Afghanistan, including the 2021 withdrawal, and review the advice provided by federal agencies to the President, as well as the decision-making process with respect to the final withdrawal from Afghanistan.

This bill establishes the National Commission on U.S. Involvement in Afghanistan. The commission must (1) identify, review, and evaluate the structures, coordination, and management of the federal government related to Afghanistan since 2001; (2) provide a full assessment of the United States and allied drawdown efforts from Afghanistan, including the 2021 withdrawal; and (3) review the advice provided by federal agencies to the President, as well as the decision-making process with respect to the final withdrawal from Afghanistan.

This bill establishes the National Commission on United States Involvement in Afghanistan. The commission must (1) assess whether the objectives and goals of U.S. policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the federal government, including efforts made in coordination with allies and partners of the United States; (2) identify, review, and evaluate the structures, coordination, and management of the policymaking related to Afghanistan since 2001; and (3) submit to the President and Congress reports containing such findings, conclusions, and recommendations as the commission determines.

This bill establishes the National Commission on U.S. Involvement in Afghanistan. The commission must (1) assess whether the objectives and goals of United States policies in Afghanistan were executed effectively and provide insight into policy and operational failures across the federal government, including efforts made in coordination with allies and partners of the United States; and (2) make recommendations for future corrective measures.

This bill establishes the National Commission on United States Involvement in Afghanistan. The commission shall investigate the relevant actions, decisions, and policies made by the United States in Afghanistan after the attacks of September 11, 2001, including decisions made by presidential administrations, the U.S. Armed Forces, the intelligence community, the Department of State, and other relevant federal departments and agencies, and efforts made in conjunction with North Atlantic Treaty Organization allies and partners.

To establish the National Commission on United States Involvement in Afghanistan (in this Act referred to as the ``Commission'').SECTION 1. SHORT TITLE.݁ Be it enacted by the Senate and House of Representatives of the                United States of America in Congress assembled,݁݁ ݁ ݂ ݃ ݀ ݐ ݑ ݜ ݝ ݚ  ݗ ݞ ݣ ݠ ݢ ݡ ݟ

Transportation and Public Works

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Metro Accountability and Investment Act''. SEC. 2. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. Section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432) is amended-- (1) in subsection (b) by striking ``The Federal'' and inserting ``Except as provided in subsection (f)(2), the Federal''; (2) by striking subsections (d) through (f) and inserting the following: ``(d) Required Board Approval.--No amounts may be provided to the Transit Authority under this section until the Transit Authority certifies to the Secretary of Transportation that-- ``(1) a board resolution has passed on or before July 1, 2021, and is in effect for the period of July 1, 2022, through June 30, 2031, that-- ``(A) establishes an independent budget authority for the Office of Inspector General of the Transit Authority; ``(B) establishes an independent procurement authority for the Office of Inspector General of the Transit Authority; ``(C) establishes an independent hiring authority for the Office of Inspector General of the Transit Authority; ``(D) ensures the Inspector General of the Transit Authority can obtain legal advice from a counsel reporting directly to the Inspector General; ``(E) requires the Inspector General of the Transit Authority to submit recommendations for corrective action to the General Manager and the Board of Directors of the Transit Authority; ``(F) requires the Inspector General of the Transit Authority to publish any recommendation described in subparagraph (E) on the website of the Office of Inspector General of the Transit Authority, except that the Inspector General may redact personally identifiable information and information that, in the determination of the Inspector General, would pose a security risk to the systems of the Transit Authority; ``(G) requires the Board of Directors of the Transit Authority to provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not less than 30 days before the Board of Directors removes the Inspector General of the Transit Authority, which shall include the reasons for removal and supporting documentation; and ``(H) prohibits the Board of Directors from removing the Inspector General of the Transit Authority unless the Board of Directors has provided a 30-day written notification as described in subparagraph (G) that documents-- ``(i) a permanent incapacity; ``(ii) a neglect of duty; ``(iii) malfeasance; ``(iv) a conviction of a felony or conduct involving moral turpitude; ``(v) a knowing violation of a law or regulation; ``(vi) gross mismanagement; ``(vii) a gross waste of funds; ``(viii) an abuse of authority; or ``(ix) inefficiency; and ``(2) the Code of Ethics for Members of the WMATA Board of Directors passed on September 26, 2019, remains in effect, or the Inspector General of the Transit Authority has been consulted on any modifications to the Code of Ethics by the Board. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations.''; and (3) by redesignating subsection (g) as subsection (f). <all>

This bill reauthorizes for FY2022-FY2031 authority for the Department of Transportation (DOT) to provide grants to the Washington Metropolitan Area Transit Authority (WMATA) to finance in part the capital and preventive maintenance projects included in its Capital Improvement Program. It conditions the availability of funds, in part, on the WMATA Board of Directors certifying to DOT that it has adopted and will keep certain resolutions in effect for the entire funding period, including (1) establishing an independent budget authority, procurement authority, and hiring authority for its Office of the General Inspector; (2) ensuring its Inspector General (IG) can obtain legal advice from a counsel reporting directly to the IG; (3) requiring the IG to submit recommendations for corrective action to the General Manager and the Board of Directors of WMATA; (4) requiring the IG to publish such recommendations on its website; (5) requiring the WMATA Board of Directors to provide written notification to Congress at least 30 days in advance of the removal of an IG; and (6) prohibiting the WMATA Board of Directors from removing its Inspector General without a 30-day written notification that documents specific reasons for removal, including an abuse of authority.

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. ''; and (3) by redesignating subsection (g) as subsection (f).

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. ''; and (3) by redesignating subsection (g) as subsection (f).

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Metro Accountability and Investment Act''. SEC. 2. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. Section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432) is amended-- (1) in subsection (b) by striking ``The Federal'' and inserting ``Except as provided in subsection (f)(2), the Federal''; (2) by striking subsections (d) through (f) and inserting the following: ``(d) Required Board Approval.--No amounts may be provided to the Transit Authority under this section until the Transit Authority certifies to the Secretary of Transportation that-- ``(1) a board resolution has passed on or before July 1, 2021, and is in effect for the period of July 1, 2022, through June 30, 2031, that-- ``(A) establishes an independent budget authority for the Office of Inspector General of the Transit Authority; ``(B) establishes an independent procurement authority for the Office of Inspector General of the Transit Authority; ``(C) establishes an independent hiring authority for the Office of Inspector General of the Transit Authority; ``(D) ensures the Inspector General of the Transit Authority can obtain legal advice from a counsel reporting directly to the Inspector General; ``(E) requires the Inspector General of the Transit Authority to submit recommendations for corrective action to the General Manager and the Board of Directors of the Transit Authority; ``(F) requires the Inspector General of the Transit Authority to publish any recommendation described in subparagraph (E) on the website of the Office of Inspector General of the Transit Authority, except that the Inspector General may redact personally identifiable information and information that, in the determination of the Inspector General, would pose a security risk to the systems of the Transit Authority; ``(G) requires the Board of Directors of the Transit Authority to provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not less than 30 days before the Board of Directors removes the Inspector General of the Transit Authority, which shall include the reasons for removal and supporting documentation; and ``(H) prohibits the Board of Directors from removing the Inspector General of the Transit Authority unless the Board of Directors has provided a 30-day written notification as described in subparagraph (G) that documents-- ``(i) a permanent incapacity; ``(ii) a neglect of duty; ``(iii) malfeasance; ``(iv) a conviction of a felony or conduct involving moral turpitude; ``(v) a knowing violation of a law or regulation; ``(vi) gross mismanagement; ``(vii) a gross waste of funds; ``(viii) an abuse of authority; or ``(ix) inefficiency; and ``(2) the Code of Ethics for Members of the WMATA Board of Directors passed on September 26, 2019, remains in effect, or the Inspector General of the Transit Authority has been consulted on any modifications to the Code of Ethics by the Board. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations.''; and (3) by redesignating subsection (g) as subsection (f). <all>

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Metro Accountability and Investment Act''. SEC. 2. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. Section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432) is amended-- (1) in subsection (b) by striking ``The Federal'' and inserting ``Except as provided in subsection (f)(2), the Federal''; (2) by striking subsections (d) through (f) and inserting the following: ``(d) Required Board Approval.--No amounts may be provided to the Transit Authority under this section until the Transit Authority certifies to the Secretary of Transportation that-- ``(1) a board resolution has passed on or before July 1, 2021, and is in effect for the period of July 1, 2022, through June 30, 2031, that-- ``(A) establishes an independent budget authority for the Office of Inspector General of the Transit Authority; ``(B) establishes an independent procurement authority for the Office of Inspector General of the Transit Authority; ``(C) establishes an independent hiring authority for the Office of Inspector General of the Transit Authority; ``(D) ensures the Inspector General of the Transit Authority can obtain legal advice from a counsel reporting directly to the Inspector General; ``(E) requires the Inspector General of the Transit Authority to submit recommendations for corrective action to the General Manager and the Board of Directors of the Transit Authority; ``(F) requires the Inspector General of the Transit Authority to publish any recommendation described in subparagraph (E) on the website of the Office of Inspector General of the Transit Authority, except that the Inspector General may redact personally identifiable information and information that, in the determination of the Inspector General, would pose a security risk to the systems of the Transit Authority; ``(G) requires the Board of Directors of the Transit Authority to provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not less than 30 days before the Board of Directors removes the Inspector General of the Transit Authority, which shall include the reasons for removal and supporting documentation; and ``(H) prohibits the Board of Directors from removing the Inspector General of the Transit Authority unless the Board of Directors has provided a 30-day written notification as described in subparagraph (G) that documents-- ``(i) a permanent incapacity; ``(ii) a neglect of duty; ``(iii) malfeasance; ``(iv) a conviction of a felony or conduct involving moral turpitude; ``(v) a knowing violation of a law or regulation; ``(vi) gross mismanagement; ``(vii) a gross waste of funds; ``(viii) an abuse of authority; or ``(ix) inefficiency; and ``(2) the Code of Ethics for Members of the WMATA Board of Directors passed on September 26, 2019, remains in effect, or the Inspector General of the Transit Authority has been consulted on any modifications to the Code of Ethics by the Board. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations.''; and (3) by redesignating subsection (g) as subsection (f). <all>

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

To amend the Passenger Rail Investment Improvement Act of 2008 to prohibit certain funding to the Washington Metropolitan Area Transit Authority until certain conditions are met, and for other purposes. This Act may be cited as the ``Metro Accountability and Investment Act''. ``(e) Authorizations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section-- ``(A) for fiscal year 2022, $150,000,000; ``(B) for fiscal year 2023, $155,000,000; ``(C) for fiscal year 2024, $160,000,000; ``(D) for fiscal year 2025, $165,000,000; ``(E) for fiscal year 2026, $170,000,000; ``(F) for fiscal year 2027, $175,000,000; ``(G) for fiscal year 2028, $180,000,000; ``(H) for fiscal year 2029, $185,000,000; ``(I) for fiscal year 2030, $190,000,000; and ``(J) for fiscal year 2031, $200,000,000. ``(2) Set aside for office of inspector general of transit authority.--From the amounts in paragraph (1), the Transit Authority shall provide at least 7 percent for each fiscal year to the Office of Inspector General of the Transit Authority to carry out independent and objective audits, investigations, and reviews of Transit Authority programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs and operations. '';

This bill prohibits federal funding to the Washington Metropolitan Area Transit Authority (WMATA) until the WMATA certifies to the Department of Transportation (DOT) that (1) a board resolution has passed on or before July 1, 2021, and is in effect for the period of July 1 2022, through June 30, 2031, that establishes an independent budget authority for the Office of Inspector General of WMATA; and (2) the authority to enter into contracts for capital and preventive maintenance projects.

This bill prohibits federal funding to the Washington Metropolitan Area Transit Authority (WMATA) until the WMATA certifies to the Department of Transportation (DOT) that (1) a board resolution has passed on or before July 1, 2021, and is in effect for the period of July 1 2022, through June 30, 2031, that (2) establishes an independent budget authority for the Office of Inspector General of WMATA; (3) establishes a hiring authority for WMATA's Inspector General; and (4) requires the Inspector General to submit recommendations for corrective action to the General Manager and the Board

This bill prohibits the Department of Transportation from awarding grants to the Washington Metropolitan Area Transit Authority (WMATA) until certain conditions are met. The bill also requires the WMATA to provide at least 7% of its FY2031 funding to the Office of Inspector General to carry out independent and objective audits, investigations, and reviews of WMATA programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse.

This bill prohibits the Department of Transportation from providing certain funding to the Washington Metropolitan Area Transit Authority (WMATA) until certain conditions are met. The bill also requires the WMATA to provide at least 7% of its FY2022-FY2031 operating funds to the Office of Inspector General to carry out independent and objective audits, investigations, and reviews of WMATA programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse.

This bill prohibits the Department of Transportation from providing funding to the Washington Metropolitan Area Transit Authority (WMATA) until the WMATA certifies that it (1) has passed a board resolution that establishes an independent budget authority for the Office of Inspector General of WMATA, (2) establishes a procurement authority for such office, (3) ensures the office can obtain legal advice from a counsel reporting directly to the office, and (4) requires the office to submit recommendations for corrective action to the General Manager and the board of directors. The bill also requires the board to provide written notice to Congress not less than 30 days before removing

This bill prohibits federal funding to the Washington Metropolitan Area Transit Authority (WMATA) until the WMATA certifies to the Department of Transportation (DOT) that (1) a board resolution has passed on or before July 1, 2021, and is in effect for the period through June 30, 2031, that establishes an independent budget authority for the Office of Inspector General of WMATA; (2) establishes a procurement authority for WMATA, (3) ensures the office can obtain legal advice from a counsel reporting directly to the office, and (4) requires the office to submit recommendations for corrective action to the General Manager

This bill prohibits the Department of Transportation from awarding grants to the Washington Metropolitan Area Transit Authority (WMATA) until certain conditions are met. The bill also requires the WMATA to provide at least 7% of its FY2022 and FY2030 appropriations to the Office of Inspector General of the WMTA to carry out independent and objective audits, investigations, and reviews of WMATA programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse in such programs.

This bill prohibits the Department of Transportation from awarding grants to the Washington Metropolitan Area Transit Authority (WMATA) until certain conditions are met. The WMATA must provide at least 7% of grant funds for each fiscal year to the Office of Inspector General of the WMATA to carry out independent and objective audits, investigations, and reviews of WMATA programs and operations to promote economy, efficiency, and effectiveness, and to prevent and detect fraud, waste, and abuse.

To amend the Passenger Rail Investment Improvement Act of 2008 to                 (Public Law 110-432) and to amend the Washington Metropolitan Area Transit Authority Act of The United States of America in Congress assembled, ``(A) requires the Inspector General of the Transit                 to submit a report to the Secretary of Transportation on the                 of the United States Department of Transportation, and to report the Transit Authority’s capital and preventive maintenance projects. ``(B) establishes an independent budget authority                 I A) for the Office of Inspector General, and the Board of �

Transportation and Public Works

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington, DC Area Helicopter Noise Information Exchange Act of 2021''. SEC. 2. INFORMATION SHARING REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall establish a mechanism to make helicopter noise complaint data accessible to the Federal Aviation Administration and helicopter operators operating in the Washington, DC area, based on the recommendation of the Government Accountability Office in the report published on January 7, 2021, titled ``Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns''. (b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (c) Definitions.--In this Act: (1) Helicopter noise complaint data.--The term ``helicopter noise complaint data''-- (A) means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include-- (i) the location and description of the event that is the subject of the complaint; (ii) the start and end time of such event; (iii) a description of the aircraft that is the subject of the complaint; and (iv) the airport name associated with such event; and (B) does not include the personally identifiable information of the individual who submitted the complaint. (2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport. <all>

This bill requires the Federal Aviation Administration (FAA) to establish a mechanism to make helicopter noise complaint data accessible to the FAA and helicopter operators operating in the Washington, DC area (i.e., the area inside of a 30-mile radius of Ronald Reagan Washington National Airport). The mechanism must be based on the recommendation of the Government Accountability Office in the report published on January 7, 2021, titled Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns. The bill also requires any helicopter operator operating in the Washington, DC area to provide helicopter noise complaint data to the FAA through such established mechanism.

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington, DC Area Helicopter Noise Information Exchange Act of 2021''. SEC. 2. INFORMATION SHARING REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall establish a mechanism to make helicopter noise complaint data accessible to the Federal Aviation Administration and helicopter operators operating in the Washington, DC area, based on the recommendation of the Government Accountability Office in the report published on January 7, 2021, titled ``Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns''. (b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (c) Definitions.--In this Act: (1) Helicopter noise complaint data.--The term ``helicopter noise complaint data''-- (A) means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include-- (i) the location and description of the event that is the subject of the complaint; (ii) the start and end time of such event; (iii) a description of the aircraft that is the subject of the complaint; and (iv) the airport name associated with such event; and (B) does not include the personally identifiable information of the individual who submitted the complaint. (2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport. <all>

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington, DC Area Helicopter Noise Information Exchange Act of 2021''. SEC. 2. INFORMATION SHARING REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall establish a mechanism to make helicopter noise complaint data accessible to the Federal Aviation Administration and helicopter operators operating in the Washington, DC area, based on the recommendation of the Government Accountability Office in the report published on January 7, 2021, titled ``Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns''. (b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (c) Definitions.--In this Act: (1) Helicopter noise complaint data.--The term ``helicopter noise complaint data''-- (A) means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include-- (i) the location and description of the event that is the subject of the complaint; (ii) the start and end time of such event; (iii) a description of the aircraft that is the subject of the complaint; and (iv) the airport name associated with such event; and (B) does not include the personally identifiable information of the individual who submitted the complaint. (2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport. <all>

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington, DC Area Helicopter Noise Information Exchange Act of 2021''. SEC. 2. INFORMATION SHARING REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall establish a mechanism to make helicopter noise complaint data accessible to the Federal Aviation Administration and helicopter operators operating in the Washington, DC area, based on the recommendation of the Government Accountability Office in the report published on January 7, 2021, titled ``Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns''. (b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (c) Definitions.--In this Act: (1) Helicopter noise complaint data.--The term ``helicopter noise complaint data''-- (A) means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include-- (i) the location and description of the event that is the subject of the complaint; (ii) the start and end time of such event; (iii) a description of the aircraft that is the subject of the complaint; and (iv) the airport name associated with such event; and (B) does not include the personally identifiable information of the individual who submitted the complaint. (2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport. <all>

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington, DC Area Helicopter Noise Information Exchange Act of 2021''. SEC. 2. INFORMATION SHARING REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall establish a mechanism to make helicopter noise complaint data accessible to the Federal Aviation Administration and helicopter operators operating in the Washington, DC area, based on the recommendation of the Government Accountability Office in the report published on January 7, 2021, titled ``Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns''. (b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (c) Definitions.--In this Act: (1) Helicopter noise complaint data.--The term ``helicopter noise complaint data''-- (A) means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include-- (i) the location and description of the event that is the subject of the complaint; (ii) the start and end time of such event; (iii) a description of the aircraft that is the subject of the complaint; and (iv) the airport name associated with such event; and (B) does not include the personally identifiable information of the individual who submitted the complaint. (2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport. <all>

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). 2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport.

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). 2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport.

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). 2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport.

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). 2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport.

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). (

To require the Federal Aviation Administration to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area, and for other purposes. b) Cooperation.--Any helicopter operator operating in the Washington, DC area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a). 2) Washington, dc area.--The term ``Washington, DC area'' means the area inside of a 30-mile radius of Ronald Reagan Washington National Airport.

This bill requires the Federal Aviation Administration (FAA) to establish a mechanism to make helicopter noise complaint data accessible to the FAA and helicopter operators operating in the Washington, DC area.

This bill requires the Federal Aviation Administration (FAA) to establish a mechanism to make helicopter noise complaint data accessible to the FAA and helicopter operators operating in the Washington, DC area, based on the recommendations of the Government Accountability Office in its report titled Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Noise Concerns.

This bill requires the Federal Aviation Administration (FAA) to establish a mechanism to make helicopter noise complaint data accessible to the FAA and helicopter operators operating in the Washington, DC area.

This bill requires the Federal Aviation Administration (FAA) to establish a mechanism to make helicopter noise complaint data accessible to the FAA and helicopter operators operating in the Washington, DC area based on the recommendation of the Government Accountability Office in its report titled Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns.

This bill requires the Federal Aviation Administration (FAA) to establish a mechanism to make helicopter noise complaint data accessible to the FAA and helicopter operators operating in the Washington, DC area based on the recommendation of the Government Accountability Office in its report published on January 7, 2021, titled Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns.

This bill requires the Federal Aviation Administration (FAA) to establish a mechanism to make helicopter noise complaint data accessible to the FAA and helicopter operators operating in the Washington, DC area based on the recommendation of the Government Accountability Office in a report published on January 7, 2021, titled Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns.

This bill requires the Federal Aviation Administration (FAA) to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area. Specifically, the GAO recommended that the FAA establish a mechanism through which helicopter operators operating in the area must provide noise complaint data to the FAA.

This bill requires the Federal Aviation Administration (FAA) to implement a Government Accountability Office recommendation relating to helicopter noise in the Washington, DC area. Specifically, the GAO recommended that any helicopter operator operating in the area must provide helicopter noise complaint data to the FAA through a mechanism established by this bill.

To require the Federal Aviation Administration to implement a �Government Accountability Office recommendation relating to helicopter � noise complaint data in the Washington, DC area, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-_=-=-=-_=-=-_=-=-=-_==-=-__=-_=-_-=-=-__-=-___-_-=-_-_-_-__-_=--_-_-(-_-_-)-_-_-_-__-_--_-_-__-__-___-_-___-__-__-__-_

Crime and Law Enforcement

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell-Site Simulator Warrant Act of 2021''. SEC. 2. PROHIBITION ON CELL-SITE SIMULATOR USE. (a) Prohibition.--Chapter 205 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3119. Cell-site simulators ``(a) Prohibition of Use.-- ``(1) In general.--Except as provided in subsection (d), it shall be unlawful-- ``(A) for any individual or entity to knowingly use a cell-site simulator in the United States; or ``(B) for an element of the intelligence community to use a cell-site simulator outside the United States if the subject of the surveillance is a United States person. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to authorize a law enforcement agency of a governmental entity to use a cell-site simulator outside the United States. ``(b) Penalty.--Any individual or entity that violates subsection (a)(1) shall be fined not more than $250,000. ``(c) Prohibition of Use as Evidence.-- ``(1) In general.--Except as provided in paragraph (2), no information acquired through the use of a cell-site simulator in violation of subsection (a)(1), 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) Exception for enforcement.--Information acquired through the use of a cell-site simulator in violation of subsection (a)(1) by a person, and evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding described in paragraph (1) of this subsection relating to the alleged violation of subsection (a)(1) in connection with such use. ``(d) Exceptions.-- ``(1) In general.-- ``(A) Warrant.-- ``(i) In general.--Subsection (a)(1) shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity under a warrant issued-- ``(I) in accordance with this subparagraph; and ``(II) using the procedures described in, and in accordance with the requirements for executing and returning a warrant under, the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant and execution and return procedures and, in the case of a court- martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title and in accordance with the requirements for executing and returning such a warrant, in accordance with regulations prescribed by the President) by a court of competent jurisdiction. ``(ii) Requirements.--A court may issue a warrant described in clause (i) (except, with respect to a State court, to the extent use of a cell-site simulator by a law enforcement agency of a governmental entity is prohibited by the law of the State) only if the law enforcement agency-- ``(I) demonstrates that other investigative procedures, including electronic location tracking methods that solely collect records of the investigative target-- ``(aa) have been tried and have failed; or ``(bb) reasonably appear to be-- ``(AA) unlikely to succeed if tried; or ``(BB) too dangerous; ``(II) specifies the likely area of effect of the cell-site simulator to be used and the time that the cell-site simulator will be in operation; ``(III) certifies that the requested area of effect and time of operation are the narrowest reasonably possible to obtain the necessary information; and ``(IV) demonstrates that the requested use of a cell-site simulator would be in compliance with applicable provisions of the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the rules of the Federal Communications Commission. ``(iii) Considerations.--In considering an application for a warrant described in clause (i), the court shall-- ``(I) weigh the need of the government to enforce the law and apprehend criminals against the likelihood and impact of any potential negative side effects disclosed by the government under subparagraph (C); and ``(II) not grant a request for a warrant that would put public safety at risk or unreasonably inconvenience the community. ``(iv) Period of initial authorization.--No warrant described in clause (i) may authorize the use of a cell site simulator for any period longer than is necessary to achieve the objective of the authorization, nor in any event for longer than 30 days. ``(v) Extensions.-- ``(I) In general.--A court may grant extensions of a warrant described in clause (i), but only upon application for an extension made in accordance with clause (i) and the court considering the factors described in clause (iii) and determining the requirements under clause (ii) are met. ``(II) Period of extension.--The period of an extension of a warrant shall be no longer than the authorizing judge determines necessary to achieve the purposes for which the extension was granted, nor in any event for longer than 30 days. ``(vi) Termination provision.--Each warrant described in clause (i), and each extension thereof, shall contain a provision that the authorization to use the cell site simulator shall be executed as soon as practicable and shall terminate upon attainment of the authorized objective, or in any event in 30 days. ``(vii) Start of 30-day periods.--The 30- day periods described in clauses (iv), (v)(II), and (vi) shall begin on the earlier of-- ``(I) the date on which a law enforcement agency first begins to use the cell site simulator as authorized by the warrant, or extension thereof; or ``(II) the date that is 10 days after the warrant, or extension thereof, is issued. ``(B) Emergency.-- ``(i) In general.--Subject to clause (ii), subsection (a)(1) shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity, or use of a cell-site simulator as part of assistance provided by a component of the Department of Defense or an Armed Force to such a law enforcement agency, if-- ``(I) the governmental entity reasonably determines an emergency exists that-- ``(aa) involves-- ``(AA) immediate danger of death or serious physical injury to any person; ``(BB) conspiratorial activities characteristic of organized crime; or ``(CC) an immediate threat to a national security interest; and ``(bb) requires use of a cell-site simulator before a warrant described in subparagraph (A) can, with due diligence, be obtained; and ``(II) except in an instance in which the governmental entity is trying to locate a lost or missing person, locate someone believed to have been abducted or kidnapped, or find victims, dead or alive, in an area where a natural disaster, terrorist attack, or other mass casualty event has taken place-- ``(aa) there are grounds upon which a warrant described in subparagraph (A) could be entered to authorize such use; and ``(bb) the governmental entity applies for a warrant described in subparagraph (A) approving such use not later than 48 hours after such use begins, and takes such steps to expedite the consideration of such application as may be possible. ``(ii) Termination of emergency use.-- ``(I) In general.--A law enforcement agency of a governmental entity shall immediately terminate use of a cell-site simulator under clause (i) of this subparagraph at the earlier of the time the information sought is obtained or the time the application for a warrant described in subparagraph (A) is denied. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ``(C) Disclosures required in application.--In any application for a warrant authorizing the use of a cell-site simulator under subparagraph (A) or (B), the governmental entity shall include the following: ``(i) A disclosure of any potential disruption of the ability of the subject of the surveillance or bystanders to use commercial mobile radio services or private mobile services, including using advanced communications services, to make or receive, as applicable-- ``(I) emergency calls (including 9- 1-1 calls); ``(II) calls to the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system under designated under paragraph (4) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by the National Suicide Hotline Designation Act of 2020 (Public Law 116-172; 134 Stat. 832); ``(III) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act (42 U.S.C. 300d-71); ``(IV) calls using telecommunications relay services; or ``(V) any other communications or transmissions. ``(ii) A certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under clause (i). ``(iii) A disclosure of the methods and precautions that will be used to minimize disruption, including-- ``(I) any limit on the length of time the cell-site simulator can be in continuous operation; and ``(II) any user-defined limit on the transmission range of the cell-site simulator. ``(iv) A disclosure as to whether the cell- site simulator will primarily be used at a gathering where constitutionally protected activity, including speech, will occur. ``(D) Notice.-- ``(i) In general.--Within a reasonable time, but, subject to clause (ii), not later than 90 days after the filing of an application for a warrant authorizing the use of a cell- site simulator which is denied or the termination of the period of such a warrant, or extensions thereof, the issuing or denying judge shall cause to be served on the persons named in the warrant or the application, and, as the judge may determine, in the discretion of the judge, is in the interest of justice, other persons about whose devices the government obtained information with the cell site simulator, an inventory which shall include notice of-- ``(I) the fact of the entry of the warrant or the application; ``(II) the date of the entry and the period of authorized, approved or disapproved use of a cell-site simulator, or the denial of the application; and ``(III) whether, during the period-- ``(aa) information about their device was, or was not, obtained by the government; ``(bb) their location was, or was not, tracked; and ``(cc) their communications were, or were not, intercepted. ``(ii) Delay of notice.--On an ex parte showing of good cause to a court of competent jurisdiction, the serving of the inventory required under clause (i) may be postponed. ``(2) Foreign intelligence surveillance.--Use of a cell- site simulator by an element of the intelligence community shall not be subject to subsection (a)(1) if it is conducted in a manner that is in accordance with-- ``(A) title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) (including testing or training authorized under paragraph (1) or (3) of section 105(g) of such Act (50 U.S.C. 1805(g)) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. 1881c(c)(1)(E)). ``(3) Research.--Subsection (a)(1) shall not apply to the use of a cell-site simulator in order to engage, in good-faith, in research or teaching by a person that is not-- ``(A) a law enforcement agency of a governmental entity; ``(B) an element of the intelligence community; or ``(C) acting as an agent thereof. ``(4) Protective services.-- ``(A) In general.--Subsection (a)(1) shall not apply to the use of a cell-site simulator in the performance of protective duties pursuant to section 3056 of this title, or as otherwise authorized by law. ``(B) Prohibition on use as evidence.--No information acquired through the use of a cell-site simulator under the authority under subparagraph (A), 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. ``(C) No bar to other authorized use.--Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). ``(5) Contraband interdiction by correctional facilities.-- Subsection (a)(1) shall not apply to the use of a contraband interdiction system if the correctional facility or the entity operating the contraband interdiction system for the benefit of the correctional facility-- ``(A) has-- ``(i) taken reasonable steps to restrict transmissions by the contraband interdiction system to cellular devices physically located within the property of the correctional facility; ``(ii) posted signs around the correctional facility informing visitors and staff that the correctional facility employs such a contraband interdiction system; and ``(iii) complied with any relevant regulations promulgated by the Federal Communications Commission and, as applicable, policies issued by the National Telecommunications and Information Administration; ``(B) annually tests and evaluates compliance with subparagraph (A) in accordance with best practices, which shall be issued by the Federal Communications Commission; and ``(C) not later than 10 business days after identifying an issue relating to the use of the contraband interdiction system, whether in the course of normal business operations or conducting testing and evaluation, submits to the Federal Communications Commission a report describing the issues identified and the steps taken to address the issues. ``(6) Testing and training by law enforcement.--Subsection (a)(1) shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity in the normal course of official duties that is not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to-- ``(A) test the capability of electronic equipment, if-- ``(i) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance; ``(ii) the test is limited in extent and duration to that necessary to determine to capability of the equipment; ``(iii) any information obtained during such testing (including metadata) is retained and used only for the purpose of determining the capability of the equipment, is disclosed only to test personnel, and is destroyed before or immediately upon completion of the test; and ``(iv) the test is for a period of not longer than 90 days, unless the law enforcement agency obtains the prior approval of the Attorney General; or ``(B) train law enforcement personnel in the use of electronic surveillance equipment, if-- ``(i) it is not reasonable to-- ``(I) obtain the consent of the persons incidentally subjected to the surveillance; ``(II) train persons in the course of otherwise authorized law enforcement activities; or ``(III) train persons in the use of such equipment without engaging in surveillance; ``(ii) such surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and ``(iii) any information obtained during such training (including metadata) is destroyed after its use for such training. ``(7) FCC testing.--Subsection (a)(1) shall not apply to the use of a cell-site simulator by the Federal Communications Commission, or an accredited testing laboratory recognized by the Federal Communications Commission, in order to test the cell-site simulator. ``(8) Rule of construction.--Nothing in this subsection shall be construed to exempt a State or local government from complying with regulations promulgated by the Federal Communications Commission, including the requirement to obtain authorization to transmit on spectrum regulated by the Federal Communications Commission. ``(e) Limit on Certain Use Not Conducted Pursuant to Warrants and Orders.--The use of a cell-site simulator under subsection (d)(1)(B) of this section (which shall not include such a use by a component of the Department of Defense or an Armed Force providing assistance to a law enforcement agency of a governmental entity under such subsection (d)(1)(B)), under section 105(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)), or under clause (i) or (ii) of section 102(a)(1)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)(1)(A)) may only be carried out lawfully using a specific model of a cell-site simulator for which the disclosures required under clauses (i) and (ii) of subsection (d)(1)(C) were included with respect to the specific model in connection with-- ``(1) for use by an element of the intelligence community under title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(f) Minimization.-- ``(1) In general.--The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and prohibit the dissemination, of information obtained through the use of a cell-site simulator under an exception under paragraph (1) or (2) of subsection (d) that pertains to any person who is not an authorized subject of the use. ``(2) Publication.--The Attorney General shall make publicly available on the website of the Department of Justice the procedures adopted under paragraph (1) and any revisions to such procedures. ``(3) Use by agencies.--If a law enforcement agency of a governmental entity or element of the intelligence community acquires information pertaining to a person who is not an authorized subject of the use of a cell-site simulator under an exception under paragraph (1) or (2) of subsection (d), the law enforcement agency or element of the intelligence community shall-- ``(A) minimize the acquisition and retention, and prohibit the dissemination, of the information in accordance with the procedures adopted under paragraph (1); and ``(B) destroy the information (including metadata) at the earliest possible opportunity. ``(g) Disclosure to Defendant.--Any information acquired through the operation of a cell-site simulator, or derived from such information, shall be disclosed to the defendant in any action in which the information is introduced into evidence. ``(h) Scope of Collection.-- ``(1) Authorized use.--Information collected under this section may only include information identifying nearby electronic devices communicating with the cell-site simulator and the strength and direction of transmissions from those electronic devices. ``(2) Compliance with wiretapping requirements to obtain contents.--In the case of any interception of a wire or electronic communication by the cell-site simulator-- ``(A) with respect to an interception by a law enforcement agency of a governmental entity, the provisions of chapter 119 shall apply in addition to the provisions of this section; and ``(B) with respect to an interception by an element of the intelligence community, the element of the intelligence community may only conduct the surveillance using the cell-site simulator in accordance with an order authorizing the use issued in accordance with title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), in addition to complying with the provisions of this section. ``(3) Compliance with tracking device requirements.-- ``(A) In general.--If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. ``(i) Civil Action.--Any person subject to an unlawful operation of a cell-site simulator may bring a civil action for appropriate relief (including declaratory and injunctive relief, actual damages, statutory damages of not more than $500 for each violation, and attorney fees) against the person, including a governmental entity, that conducted that unlawful operation before a court of competent jurisdiction. ``(j) Administrative Discipline.--If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this section, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. ``(k) Definitions.--As used in this section-- ``(1) the terms defined in section 2711 have, respectively, the definitions given such terms in that section; ``(2) the term `advanced communications services' has the meaning given that term in section 3 of the Communications Act of 1934 (47 U.S.C. 153); ``(3) the term `cell-site simulator' means any device that functions as or simulates a base station for commercial mobile services or private mobile services in order to identify, locate, or intercept transmissions from cellular devices for purposes other than providing ordinary commercial mobile services or private mobile services; ``(4) the term `commercial mobile radio service' has the meaning given that term in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto; ``(5) the term `contraband interdiction system' means any device that functions as or simulates a base station for commercial mobile services or private mobile services for purposes of identifying, locating, or intercepting transmissions from contraband cellular devices in correctional facilities; ``(6) the term `derived' means, with respect to information or evidence, that the government would not have originally possessed the information or evidence but for the use of a cell-site simulator, and regardless of any claim that the information or evidence is attenuated from the surveillance would inevitably have been discovered, or was subsequently reobtained through other means; ``(7) the term `electronic communication' has the meaning given that term in section 2510; ``(8) the term `electronic device' has the meaning given the term `computer' in section 1030(e); ``(9) the term `emergency call' has the meaning given that term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401); ``(10) the term `intelligence community' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003); ``(11) the term `mitigation' means the deletion of all information collected about a person who is not the subject of the warrant or investigation; ``(12) the term `private mobile service' has the meaning given that term in section 332 of the Communications Act of 1934 (47 U.S.C. 332); ``(13) the term `telecommunications relay service' has the meaning given that term in section 225 of the Communications Act of 1934 (47 U.S.C. 225); and ``(14) the term `United States person' has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''. (b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended-- (1) in section 101 (50 U.S.C. 1801), by adding at the end the following: ``(q) `Cell-site simulator' has the meaning given that term in section 3119 of title 18, United States Code.''; (2) in section 102(a) (50 U.S.C. 1802(a)), by adding at the end the following: ``(5) The Government may only use a cell-site simulator pursuant to the authority under clause (i) or (ii) of paragraph (1)(A) without obtaining an order under this title authorizing such use if the Government has implemented measures that are reasonably likely to limit the collection activities to-- ``(A) means of communications used exclusively between or among foreign powers, as defined in paragraph (1), (2), or (3) of section 101(a); or ``(B) property or premises under the open and exclusive control of a foreign power, as defined in paragraph (1), (2), or (3) of section 101(a).''; (3) in section 105 (50 U.S.C. 1805), by adding at the end the following: ``(k)(1) A judge having jurisdiction under section 103 may issue an order under this section that authorizes the use of a cell-site simulator only if the applicant-- ``(A) demonstrates that other investigative procedures, including electronic location tracking methods that solely collect records of the investigative target-- ``(i) have been tried and have failed; or ``(ii) reasonably appear to be-- ``(I) unlikely to succeed if tried; or ``(II) too dangerous; ``(B) specifies the likely area of effect of the cell-site simulator to be used and the time that the cell-site simulator will be in operation; ``(C) certifies that the requested area of effect and time of operation are the narrowest reasonably possible to obtain the necessary information; and ``(D) demonstrates that the requested use of a cell-site simulator would be in compliance with applicable provisions of the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the rules of the Federal Communications Commission. ``(2) In any application for an order under this section authorizing the use of a cell-site simulator, the applicant shall include the following: ``(A) A disclosure of any potential disruption of the ability of the subject of the surveillance or bystanders to use commercial mobile radio services or private mobile services, including using advanced communications services, to make or receive, as applicable-- ``(i) emergency calls (including 9-1-1 calls); ``(ii) calls to the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system under designated under paragraph (4) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by the National Suicide Hotline Designation Act of 2020 (Public Law 116-172; 134 Stat. 832); ``(iii) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act (42 U.S.C. 300d-71); ``(iv) calls using telecommunications relay services; or ``(v) any other communications or transmissions. ``(B) A certification that the specific model of the cell- site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under paragraph (1). ``(C) A disclosure of the methods and precautions that will be used to minimize disruption, including-- ``(i) any limit on the length of time the cell-site simulator can be in continuous operation; and ``(ii) any user-defined limit on the transmission range of the cell-site simulator. ``(D) A disclosure as to whether the cell-site simulator will primarily be used at a gathering where constitutionally protected activity, including speech, will occur. ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community.''; and (4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) if the applicant is seeking to use a cell- site simulator (as defined in section 101), the requirements that would apply for the use of a cell- site simulator in the United States under section 105(k) have been satisfied.''. (c) Conforming Amendment.--Section 3127 of title 18, United States Code, is amended-- (1) in paragraph (3) by striking ``but such term does not include any'' and inserting ``except such term does not include any cell-site simulator, as that term is defined in section 3119, or''; and (2) in paragraph (4) by striking ``of any communication'' and inserting ``of any communication, except such term does not include any cell-site simulator, as that term is defined in section 3119''. (d) Inspector General Reports.-- (1) Definition.--In this subsection, the term ``covered Federal entity'' means-- (A) a law enforcement agency of a department or agency of the Federal Government; and (B) an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). (2) Reports.--The Inspector General of the Department of Justice, the Inspector General of the Department of Homeland Security, the Inspector General of the Department of Defense, and the Inspector General of the Intelligence Community shall annually submit to Congress a joint report, and publish an unclassified version of the report on the website of each such inspector general, on-- (A) the overall compliance of covered Federal entities with this Act and the amendments made by this Act; (B) the number of applications by covered Federal entities for use of a cell-site simulator that were applied for and the number that were granted; (C) the number of emergency uses of a cell-site simulator under section 3119(d)(1)(B) of title 18, United States Code, as added by this Act; (D) the number of such emergency uses for which a court subsequently issued a warrant authorizing the use and the number of such emergency uses in which an application for a warrant was denied; (E) the number of devices that were targeted with a cell-site simulator, which shall be provided separately for targeting conducted pursuant to a warrant or court order and targeting conducted pursuant to an authority to use a cell-site simulator without a warrant or order; (F) the number of devices that were not the target of the use of a cell-site simulator about which information was obtained with the cell-site simulator, which shall-- (i) be provided separately for use conducted pursuant to a warrant or court order and use conducted pursuant to an authority to use a cell-site simulator without a warrant or order; and (ii) include the number of such devices about which the information was not destroyed as a result of the minimization requirements under section 3119(f) of title 18, United States Code, as added by this section, which shall be provided separately for use conducted pursuant to a warrant or court order and use conducted pursuant to an authority to use a cell-site simulator without a warrant or order; (G) which components of a law enforcement agency of a department or agency of the Federal Government are using cell-site simulators and how many are available to that component; and (H) instances in which a law enforcement agency of a department or agency of the Federal Government made cell-site simulators available to a State or unit of local government. (3) Form of reports.--Each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex. (e) FCC Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate any proceeding that may be necessary to promulgate or modify regulations promulgated by the Federal Communications Commission to implement this Act and the amendments made by this Act. (2) Construction.--Nothing in this Act or an amendment made by this Act shall be construed to expand or contract the authority of the Federal Communications Commission. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (2) Exceptions.-- (A) Definition.--In this paragraph, the term ``cell-site simulator'' has the meaning given that term in section 3119 of title 18, United States Code, as added by subsection (a). (B) Extension for existing cell-site simulators.-- For any model of a cell-site simulator in use before the date of enactment of this Act, including such use in a contraband interdiction system at a correctional facility, if the Attorney General certifies that additional time is necessary to obtain independent tests of the model of cell-site simulator, subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply to the use of the model of cell-site simulator on and after the date that is 3 years after the date of enactment of this Act. <all>

This bill establishes a federal statutory framework to regulate the use of cell-site simulators. Cell-site simulators (commonly known as Stingrays) are devices that function as or simulate a cell-phone tower to identify, locate, or intercept transmissions from a cell phone for purposes other than providing ordinary commercial mobile services or private mobile services. The framework generally prohibits the knowing use of a cell-site simulator domestically by an individual or entity or the use of a cell-site simulator by an element of the intelligence community outside the United States to conduct surveillance of a U.S. person. It imposes a civil fine on an individual or entity that violates the prohibition and restricts the use of unlawfully acquired information as evidence in a legal proceeding or official proceeding. The framework contains exceptions to permit the use of a cell-site simulator in certain circumstances, such as by a law enforcement agency pursuant to a warrant or by an element of the intelligence community to conduct surveillance under the Foreign Intelligence Surveillance Act of 1978. Finally, an individual who is the subject of unlawful use of a cell-site simulator may bring a private right of action.

2. PROHIBITION ON CELL-SITE SIMULATOR USE. ``(v) Extensions.-- ``(I) In general.--A court may grant extensions of a warrant described in clause (i), but only upon application for an extension made in accordance with clause (i) and the court considering the factors described in clause (iii) and determining the requirements under clause (ii) are met. ``(II) Period of extension.--The period of an extension of a warrant shall be no longer than the authorizing judge determines necessary to achieve the purposes for which the extension was granted, nor in any event for longer than 30 days. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. 300d-71); ``(IV) calls using telecommunications relay services; or ``(V) any other communications or transmissions. 1805(g)) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. ``(3) Compliance with tracking device requirements.-- ``(A) In general.--If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. 1801).''. (b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 151 et seq.) and the rules of the Federal Communications Commission. ''; and (4) in section 704(c)(1) (50 U.S.C. (2) Exceptions.-- (A) Definition.--In this paragraph, the term ``cell-site simulator'' has the meaning given that term in section 3119 of title 18, United States Code, as added by subsection (a).

2. PROHIBITION ON CELL-SITE SIMULATOR USE. ``(v) Extensions.-- ``(I) In general.--A court may grant extensions of a warrant described in clause (i), but only upon application for an extension made in accordance with clause (i) and the court considering the factors described in clause (iii) and determining the requirements under clause (ii) are met. ``(II) Period of extension.--The period of an extension of a warrant shall be no longer than the authorizing judge determines necessary to achieve the purposes for which the extension was granted, nor in any event for longer than 30 days. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. 300d-71); ``(IV) calls using telecommunications relay services; or ``(V) any other communications or transmissions. 1805(g)) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. ``(3) Compliance with tracking device requirements.-- ``(A) In general.--If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. 1801).''. (b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 151 et seq.) and the rules of the Federal Communications Commission. ''; and (4) in section 704(c)(1) (50 U.S.C. (2) Exceptions.-- (A) Definition.--In this paragraph, the term ``cell-site simulator'' has the meaning given that term in section 3119 of title 18, United States Code, as added by subsection (a).

2. PROHIBITION ON CELL-SITE SIMULATOR USE. (a) Prohibition.--Chapter 205 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(v) Extensions.-- ``(I) In general.--A court may grant extensions of a warrant described in clause (i), but only upon application for an extension made in accordance with clause (i) and the court considering the factors described in clause (iii) and determining the requirements under clause (ii) are met. ``(II) Period of extension.--The period of an extension of a warrant shall be no longer than the authorizing judge determines necessary to achieve the purposes for which the extension was granted, nor in any event for longer than 30 days. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. 300d-71); ``(IV) calls using telecommunications relay services; or ``(V) any other communications or transmissions. ``(iii) A disclosure of the methods and precautions that will be used to minimize disruption, including-- ``(I) any limit on the length of time the cell-site simulator can be in continuous operation; and ``(II) any user-defined limit on the transmission range of the cell-site simulator. 1805(g)) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. ``(5) Contraband interdiction by correctional facilities.-- Subsection (a)(1) shall not apply to the use of a contraband interdiction system if the correctional facility or the entity operating the contraband interdiction system for the benefit of the correctional facility-- ``(A) has-- ``(i) taken reasonable steps to restrict transmissions by the contraband interdiction system to cellular devices physically located within the property of the correctional facility; ``(ii) posted signs around the correctional facility informing visitors and staff that the correctional facility employs such a contraband interdiction system; and ``(iii) complied with any relevant regulations promulgated by the Federal Communications Commission and, as applicable, policies issued by the National Telecommunications and Information Administration; ``(B) annually tests and evaluates compliance with subparagraph (A) in accordance with best practices, which shall be issued by the Federal Communications Commission; and ``(C) not later than 10 business days after identifying an issue relating to the use of the contraband interdiction system, whether in the course of normal business operations or conducting testing and evaluation, submits to the Federal Communications Commission a report describing the issues identified and the steps taken to address the issues. ``(3) Compliance with tracking device requirements.-- ``(A) In general.--If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. 1801).''. (b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 151 et seq.) and the rules of the Federal Communications Commission. ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; and (4) in section 704(c)(1) (50 U.S.C. 3003)). (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (2) Exceptions.-- (A) Definition.--In this paragraph, the term ``cell-site simulator'' has the meaning given that term in section 3119 of title 18, United States Code, as added by subsection (a).

2. PROHIBITION ON CELL-SITE SIMULATOR USE. (a) Prohibition.--Chapter 205 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(v) Extensions.-- ``(I) In general.--A court may grant extensions of a warrant described in clause (i), but only upon application for an extension made in accordance with clause (i) and the court considering the factors described in clause (iii) and determining the requirements under clause (ii) are met. ``(II) Period of extension.--The period of an extension of a warrant shall be no longer than the authorizing judge determines necessary to achieve the purposes for which the extension was granted, nor in any event for longer than 30 days. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. 832); ``(III) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act (42 U.S.C. 300d-71); ``(IV) calls using telecommunications relay services; or ``(V) any other communications or transmissions. ``(iii) A disclosure of the methods and precautions that will be used to minimize disruption, including-- ``(I) any limit on the length of time the cell-site simulator can be in continuous operation; and ``(II) any user-defined limit on the transmission range of the cell-site simulator. 1805(g)) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. ``(B) Prohibition on use as evidence.--No information acquired through the use of a cell-site simulator under the authority under subparagraph (A), 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. ``(5) Contraband interdiction by correctional facilities.-- Subsection (a)(1) shall not apply to the use of a contraband interdiction system if the correctional facility or the entity operating the contraband interdiction system for the benefit of the correctional facility-- ``(A) has-- ``(i) taken reasonable steps to restrict transmissions by the contraband interdiction system to cellular devices physically located within the property of the correctional facility; ``(ii) posted signs around the correctional facility informing visitors and staff that the correctional facility employs such a contraband interdiction system; and ``(iii) complied with any relevant regulations promulgated by the Federal Communications Commission and, as applicable, policies issued by the National Telecommunications and Information Administration; ``(B) annually tests and evaluates compliance with subparagraph (A) in accordance with best practices, which shall be issued by the Federal Communications Commission; and ``(C) not later than 10 business days after identifying an issue relating to the use of the contraband interdiction system, whether in the course of normal business operations or conducting testing and evaluation, submits to the Federal Communications Commission a report describing the issues identified and the steps taken to address the issues. ``(h) Scope of Collection.-- ``(1) Authorized use.--Information collected under this section may only include information identifying nearby electronic devices communicating with the cell-site simulator and the strength and direction of transmissions from those electronic devices. ``(3) Compliance with tracking device requirements.-- ``(A) In general.--If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. 3003); ``(11) the term `mitigation' means the deletion of all information collected about a person who is not the subject of the warrant or investigation; ``(12) the term `private mobile service' has the meaning given that term in section 332 of the Communications Act of 1934 (47 U.S.C. 1801).''. (b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 151 et seq.) and the rules of the Federal Communications Commission. 251(e)), as added by the National Suicide Hotline Designation Act of 2020 (Public Law 116-172; 134 Stat. ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; and (4) in section 704(c)(1) (50 U.S.C. 3003)). (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (2) Exceptions.-- (A) Definition.--In this paragraph, the term ``cell-site simulator'' has the meaning given that term in section 3119 of title 18, United States Code, as added by subsection (a).

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(b) Penalty.--Any individual or entity that violates subsection (a)(1) shall be fined not more than $250,000. ``(c) Prohibition of Use as Evidence.-- ``(1) In general.--Except as provided in paragraph (2), no information acquired through the use of a cell-site simulator in violation of subsection (a)(1), 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) Exception for enforcement.--Information acquired through the use of a cell-site simulator in violation of subsection (a)(1) by a person, and evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding described in paragraph (1) of this subsection relating to the alleged violation of subsection (a)(1) in connection with such use. and the rules of the Federal Communications Commission. ``(iii) Considerations.--In considering an application for a warrant described in clause (i), the court shall-- ``(I) weigh the need of the government to enforce the law and apprehend criminals against the likelihood and impact of any potential negative side effects disclosed by the government under subparagraph (C); and ``(II) not grant a request for a warrant that would put public safety at risk or unreasonably inconvenience the community. ``(iv) Period of initial authorization.--No warrant described in clause (i) may authorize the use of a cell site simulator for any period longer than is necessary to achieve the objective of the authorization, nor in any event for longer than 30 days. ``(vi) Termination provision.--Each warrant described in clause (i), and each extension thereof, shall contain a provision that the authorization to use the cell site simulator shall be executed as soon as practicable and shall terminate upon attainment of the authorized objective, or in any event in 30 days. ``(vii) Start of 30-day periods.--The 30- day periods described in clauses (iv), (v)(II), and (vi) shall begin on the earlier of-- ``(I) the date on which a law enforcement agency first begins to use the cell site simulator as authorized by the warrant, or extension thereof; or ``(II) the date that is 10 days after the warrant, or extension thereof, is issued. ``(ii) Termination of emergency use.-- ``(I) In general.--A law enforcement agency of a governmental entity shall immediately terminate use of a cell-site simulator under clause (i) of this subparagraph at the earlier of the time the information sought is obtained or the time the application for a warrant described in subparagraph (A) is denied. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. 251(e)), as added by the National Suicide Hotline Designation Act of 2020 (Public Law 116-172; 134 Stat. ``(ii) A certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under clause (i). ``(ii) Delay of notice.--On an ex parte showing of good cause to a court of competent jurisdiction, the serving of the inventory required under clause (i) may be postponed. ``(2) Foreign intelligence surveillance.--Use of a cell- site simulator by an element of the intelligence community shall not be subject to subsection (a)(1) if it is conducted in a manner that is in accordance with-- ``(A) title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) ( including testing or training authorized under paragraph (1) or (3) of section 105(g) of such Act (50 U.S.C. 1805(g)) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. 1881c(c)(1)(E)). ``(B) Prohibition on use as evidence.--No information acquired through the use of a cell-site simulator under the authority under subparagraph (A), 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. ``(C) No bar to other authorized use.--Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). ``(7) FCC testing.--Subsection (a)(1) shall not apply to the use of a cell-site simulator by the Federal Communications Commission, or an accredited testing laboratory recognized by the Federal Communications Commission, in order to test the cell-site simulator. ``(e) Limit on Certain Use Not Conducted Pursuant to Warrants and Orders.--The use of a cell-site simulator under subsection (d)(1)(B) of this section (which shall not include such a use by a component of the Department of Defense or an Armed Force providing assistance to a law enforcement agency of a governmental entity under such subsection (d)(1)(B)), under section 105(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)), or under clause (i) or (ii) of section 102(a)(1)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)(1)(A)) may only be carried out lawfully using a specific model of a cell-site simulator for which the disclosures required under clauses (i) and (ii) of subsection (d)(1)(C) were included with respect to the specific model in connection with-- ``(1) for use by an element of the intelligence community under title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq. ), an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(2) Publication.--The Attorney General shall make publicly available on the website of the Department of Justice the procedures adopted under paragraph (1) and any revisions to such procedures. ``(g) Disclosure to Defendant.--Any information acquired through the operation of a cell-site simulator, or derived from such information, shall be disclosed to the defendant in any action in which the information is introduced into evidence. in addition to complying with the provisions of this section. ``(3) Compliance with tracking device requirements.-- ``(A) In general.--If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. ``(i) Civil Action.--Any person subject to an unlawful operation of a cell-site simulator may bring a civil action for appropriate relief (including declaratory and injunctive relief, actual damages, statutory damages of not more than $500 for each violation, and attorney fees) against the person, including a governmental entity, that conducted that unlawful operation before a court of competent jurisdiction. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. ``(k) Definitions.--As used in this section-- ``(1) the terms defined in section 2711 have, respectively, the definitions given such terms in that section; ``(2) the term `advanced communications services' has the meaning given that term in section 3 of the Communications Act of 1934 (47 U.S.C. b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended-- (1) in section 101 (50 U.S.C. 1801), by adding at the end the following: ``(q) `Cell-site simulator' has the meaning given that term in section 3119 of title 18, United States Code. ''; ( 3) in section 105 (50 U.S.C. and the rules of the Federal Communications Commission. 832); ``(iii) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act (42 U.S.C. 300d-71); ``(iv) calls using telecommunications relay services; or ``(v) any other communications or transmissions. ``(B) A certification that the specific model of the cell- site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under paragraph (1). ``(C) A disclosure of the methods and precautions that will be used to minimize disruption, including-- ``(i) any limit on the length of time the cell-site simulator can be in continuous operation; and ``(ii) any user-defined limit on the transmission range of the cell-site simulator. ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; (c) Conforming Amendment.--Section 3127 of title 18, United States Code, is amended-- (1) in paragraph (3) by striking ``but such term does not include any'' and inserting ``except such term does not include any cell-site simulator, as that term is defined in section 3119, or''; and (2) in paragraph (4) by striking ``of any communication'' and inserting ``of any communication, except such term does not include any cell-site simulator, as that term is defined in section 3119''. ( d) Inspector General Reports.-- (1) Definition.--In this subsection, the term ``covered Federal entity'' means-- (A) a law enforcement agency of a department or agency of the Federal Government; and (B) an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). (3) Form of reports.--Each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex. ( e) FCC Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate any proceeding that may be necessary to promulgate or modify regulations promulgated by the Federal Communications Commission to implement this Act and the amendments made by this Act. ( (B) Extension for existing cell-site simulators.-- For any model of a cell-site simulator in use before the date of enactment of this Act, including such use in a contraband interdiction system at a correctional facility, if the Attorney General certifies that additional time is necessary to obtain independent tests of the model of cell-site simulator, subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply to the use of the model of cell-site simulator on and after the date that is 3 years after the date of enactment of this Act.

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(2) Exception for enforcement.--Information acquired through the use of a cell-site simulator in violation of subsection (a)(1) by a person, and evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding described in paragraph (1) of this subsection relating to the alleged violation of subsection (a)(1) in connection with such use. and the rules of the Federal Communications Commission. ``(iii) Considerations.--In considering an application for a warrant described in clause (i), the court shall-- ``(I) weigh the need of the government to enforce the law and apprehend criminals against the likelihood and impact of any potential negative side effects disclosed by the government under subparagraph (C); and ``(II) not grant a request for a warrant that would put public safety at risk or unreasonably inconvenience the community. ``(vi) Termination provision.--Each warrant described in clause (i), and each extension thereof, shall contain a provision that the authorization to use the cell site simulator shall be executed as soon as practicable and shall terminate upon attainment of the authorized objective, or in any event in 30 days. ``(ii) Termination of emergency use.-- ``(I) In general.--A law enforcement agency of a governmental entity shall immediately terminate use of a cell-site simulator under clause (i) of this subparagraph at the earlier of the time the information sought is obtained or the time the application for a warrant described in subparagraph (A) is denied. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. 832); ``(III) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act (42 U.S.C. 300d-71); ``(IV) calls using telecommunications relay services; or ``(V) any other communications or transmissions. ``(ii) A certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under clause (i). ``(ii) Delay of notice.--On an ex parte showing of good cause to a court of competent jurisdiction, the serving of the inventory required under clause (i) may be postponed. including testing or training authorized under paragraph (1) or (3) of section 105(g) of such Act (50 U.S.C. 1805(g)) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. 1881c(c)(1)(E)). ``(3) Research.--Subsection (a)(1) shall not apply to the use of a cell-site simulator in order to engage, in good-faith, in research or teaching by a person that is not-- ``(A) a law enforcement agency of a governmental entity; ``(B) an element of the intelligence community; or ``(C) acting as an agent thereof. ``(C) No bar to other authorized use.--Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). ``(7) FCC testing.--Subsection (a)(1) shall not apply to the use of a cell-site simulator by the Federal Communications Commission, or an accredited testing laboratory recognized by the Federal Communications Commission, in order to test the cell-site simulator. ``(8) Rule of construction.--Nothing in this subsection shall be construed to exempt a State or local government from complying with regulations promulgated by the Federal Communications Commission, including the requirement to obtain authorization to transmit on spectrum regulated by the Federal Communications Commission. an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(2) Publication.--The Attorney General shall make publicly available on the website of the Department of Justice the procedures adopted under paragraph (1) and any revisions to such procedures. ``(g) Disclosure to Defendant.--Any information acquired through the operation of a cell-site simulator, or derived from such information, shall be disclosed to the defendant in any action in which the information is introduced into evidence. ``(3) Compliance with tracking device requirements.-- ``(A) In general.--If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended-- (1) in section 101 (50 U.S.C. 1801), by adding at the end the following: ``(q) `Cell-site simulator' has the meaning given that term in section 3119 of title 18, United States Code. ''; ( 832); ``(iii) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act (42 U.S.C. 300d-71); ``(iv) calls using telecommunications relay services; or ``(v) any other communications or transmissions. ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; and (4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) if the applicant is seeking to use a cell- site simulator (as defined in section 101), the requirements that would apply for the use of a cell- site simulator in the United States under section 105(k) have been satisfied.''. ( c) Conforming Amendment.--Section 3127 of title 18, United States Code, is amended-- (1) in paragraph (3) by striking ``but such term does not include any'' and inserting ``except such term does not include any cell-site simulator, as that term is defined in section 3119, or''; and (2) in paragraph (4) by striking ``of any communication'' and inserting ``of any communication, except such term does not include any cell-site simulator, as that term is defined in section 3119''. ( (3) Form of reports.--Each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex. ( f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ``(ii) A certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under clause (i). ``(C) No bar to other authorized use.--Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. 1801), by adding at the end the following: ``(q) `Cell-site simulator' has the meaning given that term in section 3119 of title 18, United States Code. ''; ( and (4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) if the applicant is seeking to use a cell- site simulator (as defined in section 101), the requirements that would apply for the use of a cell- site simulator in the United States under section 105(k) have been satisfied.''. ( ( f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(ii) Termination of emergency use.-- ``(I) In general.--A law enforcement agency of a governmental entity shall immediately terminate use of a cell-site simulator under clause (i) of this subparagraph at the earlier of the time the information sought is obtained or the time the application for a warrant described in subparagraph (A) is denied. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ``(C) No bar to other authorized use.--Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). ), an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; ( ( ( e) FCC Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate any proceeding that may be necessary to promulgate or modify regulations promulgated by the Federal Communications Commission to implement this Act and the amendments made by this Act. ( ( B) Extension for existing cell-site simulators.-- For any model of a cell-site simulator in use before the date of enactment of this Act, including such use in a contraband interdiction system at a correctional facility, if the Attorney General certifies that additional time is necessary to obtain independent tests of the model of cell-site simulator, subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply to the use of the model of cell-site simulator on and after the date that is 3 years after the date of enactment of this Act.

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ``(ii) A certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under clause (i). ``(C) No bar to other authorized use.--Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. 1801), by adding at the end the following: ``(q) `Cell-site simulator' has the meaning given that term in section 3119 of title 18, United States Code. ''; ( and (4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) if the applicant is seeking to use a cell- site simulator (as defined in section 101), the requirements that would apply for the use of a cell- site simulator in the United States under section 105(k) have been satisfied.''. ( ( f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(ii) Termination of emergency use.-- ``(I) In general.--A law enforcement agency of a governmental entity shall immediately terminate use of a cell-site simulator under clause (i) of this subparagraph at the earlier of the time the information sought is obtained or the time the application for a warrant described in subparagraph (A) is denied. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ``(C) No bar to other authorized use.--Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). ), an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. b) Foreign Intelligence Surveillance Act of 1978 Requirements.-- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; ( ( ( e) FCC Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate any proceeding that may be necessary to promulgate or modify regulations promulgated by the Federal Communications Commission to implement this Act and the amendments made by this Act. ( ( B) Extension for existing cell-site simulators.-- For any model of a cell-site simulator in use before the date of enactment of this Act, including such use in a contraband interdiction system at a correctional facility, if the Attorney General certifies that additional time is necessary to obtain independent tests of the model of cell-site simulator, subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply to the use of the model of cell-site simulator on and after the date that is 3 years after the date of enactment of this Act.

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ''; ( and (4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) if the applicant is seeking to use a cell- site simulator (as defined in section 101), the requirements that would apply for the use of a cell- site simulator in the United States under section 105(k) have been satisfied.''. ( ( f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ), an application for an order under such Act that was approved; or ``(2) for use by a law enforcement agency of a governmental entity, an application for a warrant-- ``(A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or ``(B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; ( ( ( e) FCC Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate any proceeding that may be necessary to promulgate or modify regulations promulgated by the Federal Communications Commission to implement this Act and the amendments made by this Act. ( (

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ''; ( and (4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) if the applicant is seeking to use a cell- site simulator (as defined in section 101), the requirements that would apply for the use of a cell- site simulator in the United States under section 105(k) have been satisfied.''. ( ( f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (

To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes. ``(II) Warrant denied.--If an application for a warrant described in clause (i)(II)(bb) is denied-- ``(aa) any information or evidence derived from use of the cell-site simulator shall be-- ``(AA) subject to subsection (c); and ``(BB) promptly destroyed by the applicable law enforcement agency; and ``(bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. ), ``(B) Court.--For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if-- ``(i) the use commences within that jurisdiction; or ``(ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. ``(3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall-- ``(A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and ``(B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ''; ( ( (

This bill establishes criminal penalties for knowingly using a cell-site simulator in the United States or for an element of the intelligence community to use such a simulator outside the country if the subject of the surveillance is a U.S. person. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

This bill prohibits the use of cell-site simulators (i.e., devices that allow a person to use a cell-phone tower to monitor the location of an individual's location) outside of the United States. It also prohibits information acquired through such use from being used as evidence in any trial, hearing, or proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the U.S., state, or local government.

This bill prohibits the use of a cell-site simulator by a law enforcement agency to locate or track the movement of a person or object.

This bill prohibits the use of a cell-site simulator (i.e., a device that allows a cell phone to be used to locate or track the movement of a person or object) by a federal, state, or local law enforcement agency.

This bill prohibits the use of a cell-site simulator (i.e., a device that simulates the location of a cellular device) by a law enforcement agency to locate or track the movement of a person or object. The bill also requires a court to consider the need of the government to obtain the information sought against the likelihood and impact of any potential negative side effects.

This bill prohibits the use of a cell-site simulator (i.e., a device that allows a cell phone to be placed in the vicinity of an electronic device) to locate or track a person. The bill also prohibits the collection of information from such a device.

This bill establishes requirements for the use of cell-site simulators (i.e., devices that allow a person to remotely monitor a cell phone's location) by federal, state, local, and tribal law enforcement agencies. Specifically, the bill requires federal agencies to (1) obtain a warrant from a judge of a judicial district in which the law enforcement agency intends to use the device, or (2) obtain such a warrant using state warrant procedures that were approved by the judge of the judicial district. The bill also requires the Department of Homeland Security (DHS) and the U.S. Secret Service to

This bill establishes requirements for the use of cell-site simulators (i.e., devices that allow law enforcement agencies to remotely monitor a cell phone's location) to obtain information about a target. Specifically, the bill requires a law enforcement agency to immediately terminate use of such a device if the information sought is obtained or a warrant is denied. The bill also requires the Federal Communications Commission (FCC) to promulgate or modify regulations to implement this bill and the amendments made by this bill.

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Health

To provide for lower prices for drugs through drug price negotiation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Make Medicine Affordable Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION Sec. 101. Providing for lower prices for certain high-priced single source drugs. Sec. 102. Selected drug manufacturer excise tax imposed during noncompliance periods. Sec. 103. Funding. TITLE II--PRESCRIPTION DRUG INFLATION REBATES Sec. 201. Medicare part B rebate by manufacturers. Sec. 202. Medicare part D rebate by manufacturers. TITLE III--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES Sec. 301. Medicare part D benefit redesign. Sec. 302. Maximum monthly cap on cost-sharing payments under prescription drug plans and MA-PD plans. TITLE IV--REPEAL OF CERTAIN PRESCRIPTION DRUG REBATE RULE Sec. 401. Prohibiting implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates. TITLE V--MISCELLANEOUS Sec. 501. Appropriate cost-sharing for certain insulin products under Medicare part D. Sec. 502. Coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices under Medicare part D. Sec. 503. Payment for biosimilar biological products during initial period. Sec. 504. Temporary increase in Medicare part B payment for certain biosimilar biological products. Sec. 505. Improving access to adult vaccines under Medicaid and CHIP. TITLE VI--ADDITIONAL INSULIN POLICIES Sec. 601. ERISA requirements with respect to cost-sharing for certain insulin products. Sec. 602. Public Health Service Act requirements with respect to cost- sharing for insulin products. Sec. 603. IRC requirements with respect to cost-sharing for certain insulin products. TITLE I--LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION SEC. 101. PROVIDING FOR LOWER PRICES FOR CERTAIN HIGH-PRICED SINGLE SOURCE DRUGS. (a) Program To Lower Prices for Certain High-Priced Single Source Drugs.--Title XI of the Social Security Act is amended by adding after section 1184 (42 U.S.C. 1320e-3) the following new part: ``PART E--PRICE NEGOTIATION PROGRAM TO LOWER PRICES FOR CERTAIN HIGH- PRICED SINGLE SOURCE DRUGS ``SEC. 1191. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Secretary shall establish a Drug Price Negotiation Program (in this part referred to as the `program'). Under the program, with respect to each price applicability period, the Secretary shall-- ``(1) publish a list of negotiation-eligible drugs and selected drugs in accordance with section 1192; ``(2) enter into agreements with manufacturers of selected drugs with respect to such period, in accordance with section 1193; ``(3) negotiate and, if applicable, renegotiate maximum fair prices for such selected drugs, in accordance with section 1194; and ``(4) carry out the administrative duties described in section 1196. ``(b) Definitions Relating to Timing.--For purposes of this part: ``(1) Initial price applicability year.--The term `initial price applicability year' means a year (beginning with 2025). ``(2) Price applicability period.--The term `price applicability period' means, with respect to a qualifying single source drug, the period beginning with the first initial price applicability year with respect to which such drug is a selected drug and ending with the last year during which the drug is a selected drug. ``(3) Selected drug publication date.--The term `selected drug publication date' means, with respect to each initial price applicability year, February 1 of the year that begins 2 years prior to such year. ``(4) Negotiation period.--The term `negotiation period' means, with respect to an initial price applicability year with respect to a selected drug, the period-- ``(A) beginning on the sooner of-- ``(i) the date on which the manufacturer of the drug and the Secretary enter into an agreement under section 1193 with respect to such drug; or ``(ii) February 28 following the selected drug publication date with respect to such selected drug; and ``(B) ending on November 1 of the year that begins 2 years prior to the initial price applicability year. ``(c) Other Definitions.--For purposes of this part: ``(1) Maximum fair price eligible individual.--The term `maximum fair price eligible individual' means, with respect to a selected drug-- ``(A) in the case such drug is dispensed to the individual at a pharmacy, by a mail order service, or by another dispenser, an individual who is enrolled under a prescription drug plan under part D of title XVIII or an MA-PD plan under part C of such title if coverage is provided under such plan for such selected drug; and ``(B) in the case such drug is furnished or administered to the individual by a hospital, physician, or other provider of services or supplier, an individual who is enrolled under part B of title XVIII, including an individual who is enrolled under an MA plan under part C of such title, if such selected drug is covered under such part. ``(2) Maximum fair price.--The term `maximum fair price' means, with respect to a year during a price applicability period and with respect to a selected drug (as defined in section 1192(c)) with respect to such period, the price published pursuant to section 1195 in the Federal Register for such drug and year. ``(3) Unit.--The term `unit' means, with respect to a drug or biological, the lowest identifiable amount (such as a capsule or tablet, milligram of molecules, or grams) of the drug or biological that is dispensed or furnished. The determination of a unit, with respect to a drug or biological, pursuant to this paragraph shall not be subject to administrative or judicial review. ``(4) Total expenditures.--The term `total expenditures' includes, in the case of expenditures with respect to part D of title XVIII, ingredient costs, dispensing fees, sales tax, and if applicable, vaccine administration fees. The term `total expenditures' excludes, in the case of expenditures with respect to part B of such title, expenditures for a drug or biological that are bundled or packaged into the payment for another service. ``SEC. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS. ``(a) In General.--Not later than the selected drug publication date with respect to an initial price applicability year, in accordance with subsection (b), the Secretary shall select and publish in the Federal Register a list of-- ``(1)(A) with respect to the initial price applicability year 2025, not more than 10 negotiation-eligible drugs described in subparagraph (A)(i) of subsection (d)(1), but not subparagraph (B) of such subsection, with respect to such year; ``(B) with respect to the initial price applicability year 2026, not more than 15 negotiation-eligible drugs described in subparagraph (A)(i) of subsection (d)(1), but not subparagraph (B) of such subsection, with respect to such year; ``(C) with respect to the initial price applicability year 2027, not more than 15 negotiation-eligible drugs described in subparagraph (A) of subsection (d)(1), but not subparagraph (B) of such subsection, with respect to such year; and ``(D) with respect to the initial price applicability year 2028 or a subsequent year, not more than 20 negotiation- eligible drugs described in subparagraph (A) of subsection (d)(1), but not subparagraph (B) of such subsection, with respect to such year; and ``(2) all negotiation-eligible drugs described in subparagraph (B) of such subsection with respect to such year. Subject to subsection (c)(2) and section 1194(f)(5), each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section 1194 for the negotiation period with respect to such initial price applicability year (and the renegotiation process under such section as applicable for any subsequent year during the applicable price applicability period). ``(b) Selection of Drugs.-- ``(1) In general.--In carrying out subsection (a)(1), subject to paragraph (2), the Secretary shall, with respect to an initial price applicability year-- ``(A) rank a combined list of negotiation-eligible drugs described in subsection (d)(1)(A) according to the total expenditures for such drugs under parts B and D of title XVIII, as determined by the Secretary, during the most recent period of 12 months prior to the selected drug publication date (but ending not later than October 31 of the year prior to the year of such drug publication date), with respect to such year, for which data are available, with the negotiation-eligible drugs with the highest total expenditures being ranked the highest; and ``(B) select from such ranked combined list for inclusion on the published list described in subsection (a) with respect to such year the negotiation-eligible drugs with the highest such rankings. ``(2) High spend part d drugs for 2025 and 2026.--With respect to the initial price applicability year 2025 and with respect to the initial price applicability year 2026, the Secretary shall apply paragraph (1) as if the reference to `negotiation-eligible drugs described in subsection (d)(1)(A)' were a reference to `negotiation-eligible drugs described in subsection (d)(1)(A)(i)' and as if the reference to `total expenditures for such drugs under parts B and D of title XVIII' were a reference to `total expenditures for such drugs under part D of title XVIII'. ``(c) Selected Drug.-- ``(1) In general.--For purposes of this part, consistent with subsection (e)(2) and subject to paragraph (2), each negotiation-eligible drug included on the list published under subsection (a) with respect to an initial price applicability year shall be referred to as a `selected drug' with respect to such year and each subsequent year beginning before the first year that begins after the date on which the Secretary determines at least one drug or biological product-- ``(A) is approved or licensed (as applicable)-- ``(i) under section 505(j) of the Federal Food, Drug, and Cosmetic Act using such drug as the listed drug; or ``(ii) under section 351(k) of the Public Health Service Act using such drug as the reference product; and ``(B) is marketed pursuant to such approval or licensure. ``(2) Clarification.--A negotiation-eligible drug-- ``(A) that is included on the list published under subsection (a) with respect to an initial price applicability year; and ``(B) for which the Secretary makes a determination described in paragraph (1) before or during the negotiation period with respect to such initial price applicability year, shall not be subject to the negotiation process under section 1194 with respect to such negotiation period and shall continue to be considered a selected drug under this part with respect to the number of negotiation-eligible drugs published on the list under subsection (a) with respect to such initial price applicability year. ``(d) Negotiation-Eligible Drug.-- ``(1) In general.--For purposes of this part, subject to paragraph (2), the term `negotiation-eligible drug' means, with respect to the selected drug publication date with respect to an initial price applicability year, a qualifying single source drug, as defined in subsection (e), that is described in either of the following subparagraphs (or, with respect to the initial price applicability year 2025 or 2026, that is described in subparagraph (A)(i) or (B)): ``(A) High spend drugs.--The qualifying single source drug is, determined in accordance with subsection (e)(2)-- ``(i) among the 50 qualifying single source drugs with the highest total expenditures under part D of title XVIII, as determined by the Secretary in accordance with paragraph (3), during the most recent period for which data are available of at least 12 months prior to the selected drug publication date (but ending no later than October 31 of the year prior to the year of such drug publication date), with respect to such year; or ``(ii) among the 50 qualifying single source drugs with the highest total expenditures under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during such most recent period, as described in clause (i). ``(B) Insulin.--The qualifying single source drug is described in subsection (e)(1)(C). ``(2) Exception for small biotech drugs.-- ``(A) In general.--Subject to subparagraph (C), the term `negotiation-eligible drug' shall not include, with respect to the initial price applicability years 2025, 2026, and 2027, a qualifying single source drug that meets either of the following: ``(i) Part d drugs.--The total expenditures for the qualifying single source drug under part D of title XVIII, as determined by the Secretary in accordance with paragraph (3), during 2021-- ``(I) are equal to or less than 1 percent of the total expenditures under such part D, as so determined, for all covered part D drugs during such year; and ``(II) are equal to at least 80 percent of the total expenditures under such part D, as so determined, for all covered part D drugs for which the manufacturer of the drug has an agreement in effect under section 1860D-14A during such year. ``(ii) Part b drugs.--The total expenditures for the qualifying single source drug under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during 2021-- ``(I) are equal to or less than 1 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs covered under such part B during such year; and ``(II) are equal to at least 80 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs of the manufacturer that are covered under such part B during such year. ``(B) Clarifications relating to manufacturers.-- ``(i) Aggregation rule.--All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this paragraph. ``(ii) Limitation.--A qualifying single source drug described in subparagraph (A) shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D- 14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(C) Drugs not included as small biotech drugs.-- The following shall not be considered a qualifying single source drug described in subparagraph (A): ``(i) A vaccine that is licensed under section 351 of the Public Health Service Act and is marketed pursuant to such section. ``(ii) A new formulation, such as an extended release formulation, of a qualifying single source drug. ``(iii) A qualifying single source drug described in subsection (e)(1)(C). ``(3) Clarifications and determinations.-- ``(A) Previously selected drugs and small biotech drugs excluded.--In applying clauses (i) and (ii) of paragraph (1)(A), the Secretary shall not consider or count-- ``(i) drugs that are already selected drugs; and ``(ii) for initial price applicability years 2025, 2026, and 2027, qualifying single source drugs described in paragraph (2)(A). ``(B) Use of data.--In determining whether a qualifying single source drug satisfies any of the criteria described in paragraph (1) or (2), the Secretary shall use data that is aggregated across dosage forms and strengths of the drug, including new formulations of the drug, such as an extended release formulation, and not based on the specific formulation or package size or package type of the drug. ``(4) Publication.--Not later than the selected drug publication date with respect to an initial price applicability year, the Secretary shall publish in the Federal Register a list of negotiation-eligible drugs with respect to such selected drug publication date. ``(e) Qualifying Single Source Drug.-- ``(1) In general.--For purposes of this part, the term `qualifying single source drug' means, with respect to an initial price applicability year, subject to paragraphs (2) and (3), a covered part D drug (as defined in section 1860D-2(e)) that is described in any of the following or a drug or biological product covered under part B of title XVIII that is described in any of the following: ``(A) Drug products.--A drug-- ``(i) that is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act and is marketed pursuant to such approval; ``(ii) for which, as of the selected drug publication date with respect to such initial price applicability year, at least 7 years will have elapsed since the date of such approval; and ``(iii) that is not the listed drug for any drug that is approved and marketed under section 505(j) of such Act. ``(B) Biological products.--A biological product-- ``(i) that is licensed under section 351(a) of the Public Health Service Act and is marketed under section 351 of such Act; ``(ii) for which, as of the selected drug publication date with respect to such initial price applicability year, at least 11 years will have elapsed since the date of such licensure; and ``(iii) that is not the reference product for any biological product that is licensed and marketed under section 351(k) of such Act. ``(C) Insulin product.--Any insulin product that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act and marketed pursuant to such approval or licensure, including any insulin product that has been deemed to be licensed under section 351 of the Public Health Service Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and is marketed pursuant to such section, regardless of whether such insulin product would be described in subparagraph (A) or (B). ``(2) Treatment of authorized generic drugs.-- ``(A) In general.--In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or the reference product (as defined in section 351(i) of the Public Health Service Act), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug. ``(B) Authorized generic drug defined.--For purposes of this paragraph, the term `authorized generic drug' means-- ``(i) in the case of a drug, an authorized generic drug (as such term is defined in section 505(t)(3) of the Federal Food, Drug, and Cosmetic Act); and ``(ii) in the case of a biological product, a reference product (as such term is defined in section 351(i) of the Public Health Service Act) that-- ``(I) has been licensed under section 351(a) of such Act; and ``(II) is marketed, sold, or distributed directly or indirectly to retail class of trade under a different labeling, packaging (other than repackaging as the reference product in blister packs, unit doses, or similar packaging for use in institutions), product code, labeler code, trade name, or trade mark than the reference product. ``(3) Exclusions.--In this part, the term `qualifying single source drug' does not include any of the following: ``(A) Certain orphan drugs.--A drug that is designated as a drug for only one rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act and for which the only approved indication (or indications) is for such disease or condition. ``(B) Low spend medicare drugs.--A drug or biological product (other than an insulin product described in paragraph (1)(C)) with respect to which the total expenditures under parts B and D of title XVIII, as determined by the Secretary, during the most recent period for which data are available of at least 12 months prior to the selected drug publication date (but ending no later than October 31 of the year prior to the year of such drug publication date), with respect to such year is less than-- ``(i) with respect to 2021, $200,000,000; or ``(ii) with respect to a subsequent year, the dollar amount specified in this subparagraph for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of December of such previous year. ``(f) No Administrative or Judicial Review of Determinations and Selections.--The determination of negotiation-eligible drugs under subsection (d) and the selection of drugs under this section are not subject to administrative or judicial review. ``SEC. 1193. MANUFACTURER AGREEMENTS. ``(a) In General.--For purposes of section 1191(a)(2), the Secretary shall enter into agreements with manufacturers of selected drugs with respect to a price applicability period, by not later than February 28 following the selected drug publication date with respect to such selected drug, under which-- ``(1) during the negotiation period for the initial price applicability year for the selected drug, the Secretary and manufacturer, in accordance with section 1194, negotiate to determine (and, by not later than the last date of such period, agree to) a maximum fair price for such selected drug of the manufacturer in order for the manufacturer to provide access to such price-- ``(A) to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (A) of section 1191(c)(1) and are dispensed such drug (and to pharmacies, mail order services, and other dispensers, with respect to such maximum fair price eligible individuals who are dispensed such drugs) during, subject to subparagraph (2), the price applicability period; and ``(B) to hospitals, physicians, and other providers of services and suppliers with respect to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug during, subject to subparagraph (2), the price applicability period; ``(2) the Secretary and the manufacturer shall, in accordance with section 1194, renegotiate (and, by not later than the last date of such period, agree to) the maximum fair price for such drug, in order for the manufacturer to provide access to such maximum fair price (as so renegotiated)-- ``(A) to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (A) of section 1191(c)(1) and are dispensed such drug (and to pharmacies, mail order services, and other dispensers, with respect to such maximum fair price eligible individuals who are dispensed such drugs) during any year during the price applicability period (beginning after such renegotiation) with respect to such selected drug; and ``(B) to hospitals, physicians, and other providers of services and suppliers with respect to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug during any year described in subparagraph (A); ``(3) access to the maximum fair price (including as renegotiated pursuant to paragraph (2)), with respect to such a selected drug, shall be provided by the manufacturer to-- ``(A) maximum fair price eligible individuals, who with respect to such drug are described in subparagraph (A) of section 1191(c)(1), at the pharmacy, mail order service, or other dispenser at the point-of-sale of such drug (and shall be provided by the manufacturer to the pharmacy, mail order service, or other dispenser, with respect to such maximum fair price eligible individuals who are dispensed such drugs), as described in paragraph (1)(A) or (2)(A), as applicable; and ``(B) hospitals, physicians, and other providers of services and suppliers with respect to maximum fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug, as described in paragraph (1)(B) or (2)(B), as applicable; ``(4) the manufacturer, subject to subsection (d), submits to the Secretary, through an online portal established by the Secretary or other form and manner specified by the Secretary, for the negotiation period for the price applicability period (and, if applicable, before any period of renegotiation pursuant to section 1194(f)) with respect to such drug-- ``(A) information on the non-Federal average manufacturer price for the drug for the applicable year or period; and ``(B) all other information that the Secretary requires to carry out the negotiation (or renegotiation process) under this part, including information described in section 1194(e)(1); and ``(5) the manufacturer complies with requirements imposed by the Secretary for purposes of administering the program, including with respect to the duties described in section 1196. ``(b) Agreement in Effect Until Drug Is No Longer a Selected Drug.--An agreement entered into under this section shall be effective, with respect to a selected drug, until such drug is no longer considered a selected drug under section 1192(c). ``(c) Confidentiality of Information.--Information submitted to the Secretary under this part by a manufacturer of a selected drug that is proprietary information of such manufacturer (as determined by the Secretary) shall be used only by the Secretary or disclosed to and used by the Comptroller General of the United States or the Medicare Payment Advisory Commission for purposes of carrying out this part. ``(d) Implementation for 2025 and 2026.--Notwithstanding any other provision of this part, the Secretary shall implement this section for 2025 and 2026 by program instruction or otherwise. ``SEC. 1194. NEGOTIATION AND RENEGOTIATION PROCESS. ``(a) In General.--For purposes of this part, under an agreement under section 1193 between the Secretary and a manufacturer of a selected drug, with respect to the period for which such agreement is in effect and in accordance with subsections (b), (c), and (d), the Secretary and the manufacturer-- ``(1) shall during the negotiation period with respect to such drug, in accordance with this section, negotiate a maximum fair price for such drug for the purpose described in section 1193(a)(1); and ``(2) renegotiate, in accordance with the process specified pursuant to subsection (f), such maximum fair price for such drug if such drug is a renegotiation-eligible drug under such subsection. ``(b) Negotiation Process Requirements.-- ``(1) Methodology and process.--The Secretary shall develop and use a consistent methodology and process, in accordance with paragraph (2), for negotiations under subsection (a) that aims to achieve the lowest maximum fair price for each selected drug. ``(2) Specific elements of negotiation process.--As part of the negotiation process under this section, with respect to a selected drug and the negotiation period with respect to the initial price applicability year with respect to such drug, the following shall apply: ``(A) Submission of information.--Not later than March 1 of the year of the selected drug publication date, with respect to the selected drug, the manufacturer of the drug shall submit to the Secretary, in accordance with section 1193(a)(4), the information described in such section. ``(B) Initial offer by secretary.--Not later than the June 1 following the selected drug publication date, the Secretary shall provide the manufacturer of a selected drug with a written initial offer that contains the Secretary's proposal for the maximum fair price of the drug and a list of the considerations described in section 1194(e) that were used in developing such offer. ``(C) Response to initial offer.-- ``(i) In general.--Not later than 30 days after the date of receipt of an initial offer under subparagraph (B), the manufacturer shall either accept such offer or propose a counteroffer to such offer. ``(ii) Counteroffer requirements.--If a manufacturer proposes a counteroffer, such counteroffer-- ``(I) shall be in writing; and ``(II) shall be justified based on the factors described in subsection (e). ``(D) Response to counteroffer.--After receiving a counteroffer under subparagraph (C), the Secretary shall respond in writing to such counteroffer. ``(E) Deadline.--All negotiations shall end prior to the first day of November following the selected drug publication date, with respect to the initial price applicability year. ``(F) Limitations on offer amount.--In negotiating the maximum fair price of a selected drug, with respect to an initial price applicability year for the selected drug, and, as applicable, in renegotiating the maximum fair price for such drug, with respect to a subsequent year during the price applicability period for such drug, the Secretary shall not offer (or agree to a counteroffer for) a maximum fair price for the selected drug that-- ``(i) exceeds the ceiling determined under subsection (c) for the selected drug and year; or ``(ii) as applicable, is less than the floor determined under subsection (d) for the selected drug and year. ``(G) Treatment of determination.--The establishment of a maximum fair price under this section is not subject to administrative or judicial review. ``(c) Ceiling for Maximum Fair Price.-- ``(1) In general.--The maximum fair price negotiated under this section for a selected drug, with respect to the first year of the price applicability period with respect to such drug, shall not exceed the applicable percent described in paragraph (2), with respect to such drug, of the following: ``(A) Initial price applicability year 2025.--In the case of a selected drug with respect to which such initial price applicability year is 2025, the average of the non-Federal average manufacturer price for such drug for the first 3 calendar quarters of 2021 (or, in the case that there is not a non-Federal average manufacturer price available for such drug for any of such first 3 calendar quarters of 2021, for the first full year following the market entry for such drug), increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from September 2021 (or such first full year following the market entry), as applicable, to the year prior to the selected drug publication date with respect to such initial price applicability year. ``(B) Initial price applicability year 2026 and subsequent years.--In the case of a selected drug with respect to which such initial price applicability year is 2026 or a subsequent year, the lower of-- ``(i) the average of the non-Federal average manufacturer price for such drug for the first 3 calendar quarters of 2021 (or, in the case that there is not a non-Federal average manufacturer price available for such drug for any of such first 3 calendar quarters of 2021, for the first full year following the market entry for such drug), increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from September 2021 (or such first full year following the market entry), as applicable, to the year prior to the selected drug publication date with respect to such initial price applicability year; or ``(ii) the non-Federal average manufacturer price for such drug for the year prior to the selected drug publication date with respect to such initial price applicability year. ``(2) Applicable percent described.--For purposes of paragraph (1), the applicable percent described in this paragraph is the following: ``(A) Short-monopoly drugs.--With respect to a selected drug (other than a post-exclusivity drug and a long-monopoly drug), 75 percent. ``(B) Post-exclusivity drugs.--With respect to a post-exclusivity drug, 65 percent. ``(C) Long-monopoly drugs.--With respect to a long- monopoly drug, 40 percent. ``(3) Post-exclusivity drug defined.-- ``(A) In general.--In this part, subject to subparagraph (B), the term `post-exclusivity drug' means, with respect to an initial price applicability year, a selected drug for which at least 12 years, but fewer than 16 years, have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable. ``(B) Exclusions.--The term `post-exclusivity drug' shall not include any of the following: ``(i) A vaccine that is licensed under section 351 of the Public Health Service Act and marketed pursuant to such section. ``(ii) A selected drug that had an agreement under this part with the Secretary prior to the initial price applicability year 2030. ``(C) Clarification.--Nothing in subparagraph (B)(ii) shall limit the transition of a selected drug described in paragraph (2)(A) to a long-monopoly drug if the selected drug meets the definition of a long- monopoly drug. ``(4) Long-monopoly drug defined.-- ``(A) In general.--In this part, subject to subparagraph (B), the term `long-monopoly drug' means, with respect to an initial price applicability year, a selected drug for which at least 16 years have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable. ``(B) Exclusion.--The term `long-monopoly drug' shall not include a vaccine that is licensed under section 351 of the Public Health Service Act and marketed pursuant to such section. ``(5) Non-federal average manufacturer price.--In this part, the term `non-Federal average manufacturer price' has the meaning given such term in section 8126(h)(5) of title 38, United States Code. ``(d) Temporary Floor for Small Biotech Drugs.--In the case of a selected drug that is a qualifying single source drug described in section 1192(d)(2) and with respect to which the first initial price applicability year of the price applicability period with respect to such drug is 2028 or 2029, the maximum fair price negotiated under this section for such drug for such initial price applicability year may not be less than 66 percent of the average of the non-Federal average manufacturer price for such drug (as defined and applied in subsection (c)(4)) for the first 3 calendar quarters of 2021 (or, in the case that there is not a non-Federal average manufacturer price available for such drug for any of such first 3 calendar quarters of 2021, for the first full year following the market entry for such drug), increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from September 2021 (or such first full year following the market entry), as applicable, to the year prior to the selected drug publication date with respect to the initial price applicability year. ``(e) Considerations.--For purposes of negotiating the maximum fair price of a selected drug under this part with the manufacturer of the drug, the Secretary shall consider the following factors (and, with respect to post-exclusivity drugs and long-monopoly drugs, shall not consider factors other than those described in subparagraphs (B) and (C) of paragraph (1)): ``(1) Manufacturer-specific information.--The following information, with respect to such selected drug, including as submitted by the manufacturer: ``(A) Research and development costs of the manufacturer for the drug and the extent to which the manufacturer has recouped research and development costs. ``(B) Market data for the drug, including the distribution of sales across different programs and purchasers and projected future revenues for the drug. ``(C) Unit costs of production and distribution of the drug. ``(D) Prior Federal financial support for novel therapeutic discovery and development with respect to the drug. ``(E) Data on patents and on existing and pending exclusivity for the drug. ``(F) National sales data for the drug. ``(G) Information on clinical trials for the drug. ``(2) Information on unmet medical needs and alternative treatments.--The following information, with respect to such selected drug: ``(A) The extent to which the drug represents a therapeutic advance as compared to existing therapeutic alternatives and, to the extent such information is available, the costs of such existing therapeutic alternatives. ``(B) Information on approval by the Food and Drug Administration of alternative drug products or biological products. ``(C) Information on comparative effectiveness analysis for such products, taking into consideration the effects of such products on specific populations, such as individuals with disabilities, the elderly, the terminally ill, children, and other patient populations. ``(D) The extent to which the drug addresses unmet medical needs for a condition for which treatment or diagnosis is not addressed adequately by available therapy. In considering information described in subparagraph (C), the Secretary shall not use evidence or findings from comparative clinical effectiveness research in a manner that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill. ``(3) Additional information.--Information submitted to the Secretary, in accordance with a process specified by the Secretary, by other parties that are affected by the establishment of a maximum fair price for the selected drug. ``(f) Renegotiation Process.-- ``(1) In general.--In the case of a renegotiation-eligible drug (as defined in paragraph (2)) that is selected under paragraph (3), the Secretary shall provide for a process of renegotiation (for years (beginning with 2027) during the price applicability period, with respect to such drug) of the maximum fair price for such drug consistent with paragraph (4). ``(2) Renegotiation-eligible drug defined.--In this section, the term `renegotiation-eligible drug' means a selected drug that is any of the following: ``(A) Addition of new indication.--A selected drug for which a new indication is added to the drug. ``(B) Change of status to a post-exclusivity drug.--A selected drug that is described in section 1192(d)(1)(A) that-- ``(i) is not a post-exclusivity drug or a long-monopoly drug; and ``(ii) for which there is a change in status to that of a post-exclusivity drug. ``(C) Change of status to a long-monopoly drug.--A selected drug that is described in section 1192(d)(1)(A) that-- ``(i) is not a long-monopoly drug; and ``(ii) for which there is a change in status to that of a long-monopoly drug. ``(D) Material changes.--A selected drug for which the Secretary determines there has been a material change of factors described in paragraph (1) or (2) of subsection (e). ``(3) Selection of drugs for renegotiation.--Each year the Secretary shall select among renegotiation-eligible drugs for renegotiation as follows: ``(A) All post-exclusivity negotiation-eligible drugs.--The Secretary shall select all renegotiation- eligible drugs described in paragraph (2)(B). ``(B) All long-monopoly negotiation-eligible drugs.--The Secretary shall select all renegotiation- eligible drugs described in paragraph (2)(C). ``(C) Remaining drugs.--Among the remaining renegotiation-eligible drugs described in subparagraphs (A) and (D) of paragraph (2), the Secretary shall select renegotiation-eligible drugs for which the Secretary expects renegotiation is likely to result in a significant change in the maximum fair price otherwise negotiated. ``(4) Renegotiation process.--The Secretary shall specify the process for renegotiation of maximum fair prices with the manufacturer of a renegotiation-eligible drug selected for renegotiation under this subsection. Such process shall, to the extent practicable, be consistent with the methodology and process established under subsection (b) and in accordance with subsections (c) and (d), and for purposes of applying subsections (c) and (d), the reference to the first initial price applicability year of the price applicability period with respect to such drug shall be treated as the first initial price applicability year of such period for which the maximum fair price established pursuant to such renegotiation applies, including for applying subsection (c)(2)(B) in the case of renegotiation-eligible drugs described in paragraph (3)(A) of this subsection and subsection (c)(2)(C) in the case of renegotiation-eligible drugs described in paragraph (3)(B) of this subsection. ``(5) Clarification.--A renegotiation-eligible drug for which the Secretary makes a determination described in section 1192(c)(1) before or during the period of renegotiation shall not be subject to the renegotiation process under this section. ``(6) No administrative or judicial review.--The determination of renegotiation-eligible drugs under paragraph (2) and the selection of renegotiation-eligible drugs under paragraph (3) are not subject to administrative or judicial review. ``(g) Request for Information.--For purposes of negotiating and, as applicable, renegotiating (including for purposes of determining whether to renegotiate) the maximum fair price of a selected drug under this part with the manufacturer of the drug, with respect to a price applicability period, and other relevant data for purposes of this section-- ``(1) the Secretary shall, not later than the selected drug publication date with respect to the initial price applicability year of such period, request drug pricing information from the manufacturer of such selected drug, including information described in subsection (e)(1); and ``(2) by not later than March 1 following the selected drug publication date, the manufacturer of such selected drug shall submit to the Secretary such requested information in such form and manner as the Secretary requires. The Secretary shall request, from the manufacturer or others, all additional information needed to carry out the negotiation and renegotiation process under this section. ``(h) Clarification.--In no case shall the maximum fair price negotiated under this section for a selected drug that is a qualifying single source drug described in subparagraph (A) or (B) of section 1192(e)(1) apply before-- ``(1) in the case the selected drug is a qualifying single source drug described in such subparagraph (A), the date that is 9 years after the date on which the drug was approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act; and ``(2) in the case the selected drug is a qualifying single source drug described in such subparagraph (B), the date that is 13 years after the date on which the drug was licensed under section 351(a) of the Public Health Service Act. ``(i) Implementation for 2025 and 2026.--Notwithstanding any other provision of this part, the Secretary shall implement this section for 2025 and 2026 by program instruction or otherwise. ``SEC. 1195. PUBLICATION OF MAXIMUM FAIR PRICES. ``(a) In General.--With respect to an initial price applicability year and a selected drug with respect to such year-- ``(1) not later than November 15 of the year that is 2 years prior to such initial price applicability year, the Secretary shall publish on CMS.gov the maximum fair price for such drug negotiated under this part with the manufacturer of such drug; ``(2) not later than November 30 of the year that is 2 years prior to such initial price applicability year, the Secretary shall publish in the Federal Register the maximum fair price for such drug described in paragraph (1); and ``(3) not later than March 1 of the year prior to such initial price applicability year, the Secretary shall publish in the Federal Register, subject to section 1193(c) and based on the considerations as described in section 1194(e), the explanation for the maximum fair price for such drug described in paragraphs (1) and (2). ``(b) Updates.-- ``(1) Subsequent year maximum fair prices.--For a selected drug, for each year subsequent to first initial price applicability year of the price applicability period with respect to such drug, with respect to which an agreement for such drug is in effect under section 1193, not later than November 30 of the year that is 2 years prior to such subsequent year, the Secretary shall publish in the Federal Register the maximum fair price applicable to such drug and year, which shall be-- ``(A) subject to subparagraph (B), the amount equal to the maximum fair price published for such drug for the previous year, increased by the annual percentage increase in the consumer price index for all urban consumers (all items; U.S. city average) as of September of such previous year; or ``(B) in the case the maximum fair price for such drug was renegotiated, for the first year for which such price as so renegotiated applies, such renegotiated maximum fair price. ``(2) Prices negotiated after deadline.--In the case of a selected drug with respect to an initial price applicability year for which the maximum fair price is determined under this part after the date of publication under this section, the Secretary shall publish such maximum fair price in the Federal Register by not later than 30 days after the date such maximum price is so determined. ``SEC. 1196. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS. ``(a) Administrative Duties.-- ``(1) In general.--For purposes of section 1191, the administrative duties described in this section are the following: ``(A) The establishment of procedures to ensure that the maximum fair price for a selected drug is applied before-- ``(i) any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of maximum fair price eligible individuals; and ``(ii) any other discounts. ``(B) The establishment of procedures to compute and apply the maximum fair price across different strengths and dosage forms of a selected drug and not based on the specific formulation or package size or package type of the drug. ``(C) The establishment of procedures to carry out the provisions of this part, as applicable, with respect to-- ``(i) maximum fair price eligible individuals who are enrolled under a prescription drug plan under part D of title XVIII or an MA-PD plan under part C of such title; and ``(ii) maximum fair price eligible individuals who are enrolled under part B of such title, including who are enrolled under an MA plan under part C of such title. ``(D) The establishment of a negotiation process and renegotiation process in accordance with section 1194, including a process for acquiring information described in subsection (e) of such section. ``(E) The establishment of an online portal which manufacturers shall be required to use to submit information described in section 1194(b)(2)(A). ``(F) The sharing with the Secretary of the Treasury of such information as is necessary to determine the tax imposed by section 4192 of the Internal Revenue Code of 1986 (relating to enforcement of this part). ``(G) The establishment of an attestation and verification process for purposes of applying section 1192(d)(2)(B). ``(2) Monitoring compliance.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under section 1193, including by establishing a mechanism through which violations of such terms shall be reported. ``(b) Implementation for 2025 and 2026.--Notwithstanding any other provision of this part, the Secretary shall implement this section for 2025 and 2026 by program instruction or otherwise. ``SEC. 1197. CIVIL MONETARY PENALTY. ``(a) Violations Relating to Offering of Maximum Fair Price.--Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a year during the price applicability period with respect to such drug, that does not provide access to a price that is not more than the maximum fair price (or a lesser price) for such drug for such year-- ``(1) to a maximum fair price eligible individual who with respect to such drug is described in subparagraph (A) of section 1191(c)(1) and who is dispensed such drug during such year (and to pharmacies, mail order services, and other dispensers, with respect to such maximum fair price eligible individuals who are dispensed such drugs); or ``(2) to a hospital, physician, or other provider of services or supplier with respect to maximum fair price eligible individuals who with respect to such drug is described in subparagraph (B) of such section and is furnished or administered such drug by such hospital, physician, or provider or supplier during such year, shall be subject to a civil monetary penalty equal to ten times the amount equal to the product of the number of units of such drug so furnished, dispensed, or administered during such year and the difference between the price for such drug made available for such year by such manufacturer with respect to such individual or hospital, physician, provider of services, or supplier and the maximum fair price for such drug for such year. ``(b) Violations of Certain Terms of Agreement.--Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a year during the price applicability period with respect to such drug, that is in violation of a requirement imposed pursuant to section 1193(a)(5), including the requirement to submit information pursuant to section 1193(a)(4), shall be subject to a civil monetary penalty equal to $1,000,000 for each day of such violation. ``(c) False Information.--Any manufacturer that knowingly provides false information for the attestation process or verification process established pursuant to section 1196(a)(1)(H), shall be subject to a civil monetary penalty equal to $100,000,000 for each item of such false information. ``(d) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this section in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (b) Application of Maximum Fair Prices and Conforming Amendments.-- (1) Under medicare.-- (A) Application to payments under part b.--Section 1847A(b)(1)(B) of the Social Security Act (42 U.S.C. 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a year during such period'' after ``paragraph (4)''. (B) Application under ma of cost-sharing for part b drugs based off of negotiated price.--Section 1852(a)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)(iv)) is amended-- (i) by redesignating subclause (VII) as subclause (VIII); and (ii) by inserting after subclause (VI) the following subclause: ``(VII) A drug or biological that is a selected drug (as referred to in section 1192(c)).''. (C) Exception to part d non-interference.--Section 1860D-11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)) is amended-- (i) in paragraph (1), by striking ``and'' at the end; (ii) in paragraph (2), by striking ``or institute a price structure for the reimbursement of covered part D drugs'' and inserting ``for covered part D drugs; and''; and (iii) by adding at the end the following: ``(3) may not institute a price structure for the reimbursement of covered part D drugs, except as provided under part E of title XI.''. (D) Application as negotiated price under part d.-- Section 1860D-2(d)(1) of the Social Security Act (42 U.S.C. 1395w-102(d)(1)) is amended-- (i) in subparagraph (B), by inserting ``, subject to subparagraph (D),'' after ``negotiated prices''; and (ii) by adding at the end the following new subparagraph: ``(D) Application of maximum fair price for selected drugs.--In applying this section, in the case of a covered part D drug that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), the negotiated prices used for payment (as described in this subsection) shall be no greater than the maximum fair price (as defined in section 1191(c)(2)) for such drug and for each year during such period plus any dispensing fees for such drug.''. (E) Coverage of selected drugs.--Section 1860D- 4(b)(3) of the Social Security Act (42 U.S.C. 1395w- 104(b)(3)) is amended by adding at the end the following new subparagraph: ``(I) Required inclusion of selected drugs.--For 2025 and each subsequent year, the PDP sponsor offering a prescription drug plan shall include each covered part D drug that is a selected drug under section 1192 for which an agreement for such drug is in effect under section 1193 with respect to the year.''. (F) Information from prescription drug plans and ma-pd plans required.-- (i) Prescription drug plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1194(g).''. (ii) MA-PD plans.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w- 27(f)(3)) is amended by adding at the end the following new subparagraph: ``(E) Provision of information related to maximum fair prices.--Section 1860D-12(b)(8).''. (2) Drug price negotiation program prices included in best price.--Section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)) is amended-- (A) in clause (i)(VI), by striking ``any prices charged'' and inserting ``subject to clause (ii)(V), any prices charged''; and (B) in clause (ii)-- (i) in subclause (III), by striking at the end ``; and''; (ii) in subclause (IV), by striking at the end the period and inserting ``; and''; and (iii) by adding at the end the following new subclause: ``(V) in the case of a rebate period and a covered outpatient drug that is a selected drug (as referred to in section 1192(c)) during such rebate period, shall be inclusive of the maximum fair price (as defined in section 1191(c)(2)) for such drug with respect to such period.''. SEC. 102. SELECTED DRUG MANUFACTURER EXCISE TAX IMPOSED DURING NONCOMPLIANCE PERIODS. (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter E--Other Items ``Sec. 4192. Selected drugs during noncompliance periods. ``SEC. 4192. SELECTED DRUGS DURING NONCOMPLIANCE PERIODS. ``(a) In General.--There is hereby imposed on the sale by the manufacturer, producer, or importer of any selected drug during a day described in subsection (b) a tax in an amount such that the applicable percentage is equal to the ratio of-- ``(1) such tax, divided by ``(2) the sum of such tax and the price for which so sold. ``(b) Noncompliance Periods.--A day is described in this subsection with respect to a selected drug if it is a day during one of the following periods: ``(1) The period beginning on the March 1st immediately following the selected drug publication date and ending on the first date during which the manufacturer of the drug has in place an agreement described in subsection (a) of section 1193 of the Social Security Act with respect to such drug. ``(2) The period beginning on the November 2nd immediately following the March 1st described in paragraph (1) and ending on the first date during which the manufacturer of the drug and the Secretary have agreed to a maximum fair price under such agreement. ``(3) In the case of a selected drug with respect to which the Secretary of Health and Human Services has specified a renegotiation period under such agreement, the period beginning on the first date after the last date of such renegotiation period and ending on the first date during which the manufacturer of the drug has agreed to a renegotiated maximum fair price under such agreement. ``(4) With respect to information that is required to be submitted to the Secretary of Health and Human Services under such agreement, the period beginning on the date on which such Secretary certifies that such information is overdue and ending on the date that such information is so submitted. ``(c) Applicable Percentage.--For purposes of this section, the term `applicable percentage' means-- ``(1) in the case of sales of a selected drug during the first 90 days described in subsection (b) with respect to such drug, 65 percent, ``(2) in the case of sales of such drug during the 91st day through the 180th day described in subsection (b) with respect to such drug, 75 percent, ``(3) in the case of sales of such drug during the 181st day through the 270th day described in subsection (b) with respect to such drug, 85 percent, and ``(4) in the case of sales of such drug during any subsequent day, 95 percent. ``(d) Selected Drug.--For purposes of this section-- ``(1) In general.--The term `selected drug' means any selected drug (within the meaning of section 1192 of the Social Security Act) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. ``(2) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). ``(3) Coordination with rules for possessions of the united states.--Rules similar to the rules of paragraphs (2) and (4) of section 4132(c) shall apply for purposes of this section. ``(e) Other Definitions.--For purposes of this section, the terms `selected drug publication date' and `maximum fair price' have the meaning given such terms in section 1191 of the Social Security Act. ``(f) Anti-Abuse Rule.--In the case of a sale which was timed for the purpose of avoiding the tax imposed by this section, the Secretary may treat such sale as occurring during a day described in subsection (b).''. (b) No Deduction for Excise Tax Payments.--Section 275(a)(6) of the Internal Revenue Code of 1986 is amended by inserting ``or by section 4192'' before the period at the end. (c) Certain Exemptions From Tax Not Applicable.-- (1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``In the case of the tax imposed by section 4192, paragraphs (3), (4), (5), and (6) shall not apply.''. (2) Section 6416(b)(2) of such Code is amended by adding at the end the following: ``In the case of the tax imposed by section 4192, subparagraphs (B), (C), (D), and (E) shall not apply.''. (d) Clerical Amendment.--The table of subchapters for chapter 32 of such Code is amended by adding at the end the following new item: ``subchapter e. other items''. (e) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 103. FUNDING. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until expended-- (1) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2022; (2) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2023; (3) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2024; (4) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2025; (5) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2026; (6) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2027; (7) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2028; (8) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2029; (9) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2030; and (10) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2031. TITLE II--PRESCRIPTION DRUG INFLATION REBATES SEC. 201. MEDICARE PART B REBATE BY MANUFACTURERS. (a) In General.--Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is amended-- (1) by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following subsection: ``(h) Rebate by Manufacturers for Single Source Drugs and Biologicals With Prices Increasing Faster Than Inflation.-- ``(1) Requirements.-- ``(A) Secretarial provision of information.--Not later than 6 months after the end of each calendar quarter beginning on or after July 1, 2023, the Secretary shall, for each part B rebatable drug, report to each manufacturer of such part B rebatable drug the following for such calendar quarter: ``(i) Information on the total number of billing units of the billing and payment code described in subparagraph (A)(i) of paragraph (3) with respect to such drug and calendar quarter. ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(iii) The rebate amount specified under such paragraph for such part B rebatable drug and calendar quarter. ``(B) Manufacturer requirement.--For each calendar quarter beginning on or after July 1, 2023, the manufacturer of a part B rebatable drug shall, for such drug, not later than 30 days after the date of receipt from the Secretary of the information described in subparagraph (A) for such calendar quarter, provide to the Secretary a rebate that is equal to the amount specified in paragraph (3) for such drug for such calendar quarter. ``(2) Part b rebatable drug defined.-- ``(A) In general.--In this subsection, the term `part B rebatable drug' means a single source drug or biological (as defined in subparagraph (D) of subsection (c)(6)), including a biosimilar biological product (as defined in subparagraph (H) of such subsection) but excluding a qualifying biosimilar biological product (as defined in subsection (b)(8)(B)(iii)), that would be payable under this part if such drug were furnished to an individual enrolled under this part, except such term shall not include such a drug or biological-- ``(i) if, as determined by the Secretary, the average total allowed charges for such drug or biological under this part for a year per individual that uses such a drug or biological are less than, subject to subparagraph (B), $100; or ``(ii) that is a vaccine described in subparagraph (A) or (B) of section 1861(s)(10). ``(B) Increase.--The dollar amount applied under subparagraph (A)(i)-- ``(i) for 2024, shall be the dollar amount specified under such subparagraph for 2023, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year; and ``(ii) for a subsequent year, shall be the dollar amount specified in this clause (or clause (i)) for the previous year (without application of subparagraph (C)), increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. ``(C) Rounding.--Any dollar amount determined under subparagraph (B) that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(3) Rebate amount.-- ``(A) In general.--For purposes of paragraph (1), the amount specified in this paragraph for a part B rebatable drug assigned to a billing and payment code for a calendar quarter is, subject to subparagraphs (B) and (G) and paragraph (4), the amount equal to the product of-- ``(i) the total number of billing units determined under subparagraph (B) for the billing and payment code of such drug; and ``(ii) the amount (if any) by which-- ``(I) the amount equal to-- ``(aa) in the case of a part B rebatable drug described in paragraph (1)(B) of section 1847A(b), 106 percent of the amount determined under paragraph (4) of such section for such drug during the calendar quarter; or ``(bb) in the case of a part B rebatable drug described in paragraph (1)(C) of such section, the payment amount under such paragraph for such drug during the calendar quarter; exceeds ``(II) the inflation-adjusted payment amount determined under subparagraph (C) for such part B rebatable drug during the calendar quarter. ``(B) Total number of billing units.--For purposes of subparagraph (A)(i), the total number of billing units with respect to a part B rebatable drug is determined as follows: ``(i) Determine the total number of units equal to-- ``(I) the total number of units, as reported under subsection (c)(1)(B) for each National Drug Code of such drug during the calendar quarter that is two calendar quarters prior to the calendar quarter as described in subparagraph (A), minus ``(II) the total number of units with respect to each National Drug Code of such drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A) for the rebate period that is the same calendar quarter as described in subclause (I). ``(ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. ``(iii) Compute the sum of the billing units for each National Drug Code of such drug in clause (ii). ``(C) Determination of inflation-adjusted payment amount.--The inflation-adjusted payment amount determined under this subparagraph for a part B rebatable drug for a calendar quarter is-- ``(i) the payment amount for the billing and payment code for such drug in the payment amount benchmark quarter (as defined in subparagraph (D)); increased by ``(ii) the percentage by which the rebate period CPI-U (as defined in subparagraph (F)) for the calendar quarter exceeds the benchmark period CPI-U (as defined in subparagraph (E)). ``(D) Payment amount benchmark quarter.--The term `payment amount benchmark quarter' means the calendar quarter immediately prior to the calendar quarter beginning October 1, 2021. ``(E) Benchmark period cpi-u.--The term `benchmark period CPI-U' means the consumer price index for all urban consumers (United States city average) for the last month of the calendar quarter beginning October 1, 2021. ``(F) Rebate period cpi-u.--The term `rebate period CPI-U' means, with respect to a calendar quarter described in subparagraph (C), the greater of the benchmark period CPI-U and the consumer price index for all urban consumers (United States city average) for the first month of the calendar quarter that is two calendar quarters prior to such described calendar quarter. ``(G) Exemption for shortages and severe supply chain disruptions.--The Secretary shall reduce or waive the amount under subparagraph (A) with respect to a part B rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of a biosimilar biological product, when the Secretary determines there are severe supply chain disruptions. ``(4) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--In the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after March 1, 2021, clause (i) of paragraph (3)(C) shall be applied as if the term `payment amount benchmark quarter' were defined under paragraph (3)(D) as the third full calendar quarter after the day on which the drug was first marketed and clause (ii) of paragraph (3)(C) shall be applied as if the term `benchmark period CPI- U' were defined under paragraph (3)(E) as if the reference to `the last month of the calendar quarter immediately prior to the calendar quarter beginning October 1, 2021' under such paragraph were a reference to `the first month of the first full calendar quarter after the day on which the drug was first marketed'. ``(B) Timeline for provision of rebates for subsequently approved drugs.--In the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after March 1, 2021, paragraph (1)(B) shall be applied as if the reference to `July 1, 2023' under such paragraph were a reference to the later of the 6th full calendar quarter after the day on which the drug was first marketed or July 1, 2023. ``(C) Selected drugs.--In the case of a part B rebatable drug that is a selected drug (as defined in section 1192(c)) for a price applicability period (as defined in section 1191(b)(2)), in the case such drug is determined (pursuant to such section 1192(c)) to no longer be a selected drug, beginning the first calendar quarter after the price applicability period with respect to such drug, clause (i) of paragraph (3)(C) shall be applied as if the term `payment amount benchmark quarter' were defined under paragraph (3)(D) as the calendar quarter beginning January 1 of the last year beginning during such price applicability period with respect to such selected drug and clause (ii) of paragraph (3)(C) shall be applied as if the term `benchmark period CPI-U' were defined under paragraph (3)(E) as if the reference to `the last month of the calendar quarter immediately prior to the calendar quarter beginning October 1, 2021' under such paragraph were a reference to the March of the year preceding such last year. ``(5) Application to beneficiary coinsurance.--In the case of a part B rebatable drug, if the payment amount described in paragraph (3)(A)(ii)(I) (or, in the case of a part B rebatable drug that is a selected drug (as defined in section 1192(c)), the payment amount described in subsection (b)(1)(B) for such drug) for a calendar quarter exceeds the inflation adjusted payment for such quarter-- ``(A) in computing the amount of any coinsurance applicable under this part to an individual to whom such drug is furnished, the computation of such coinsurance shall be equal to 20 percent of the inflation-adjusted payment amount determined under paragraph (3)(C) for such part B rebatable drug; and ``(B) the amount of such coinsurance for such calendar quarter, as computed under subparagraph (A), shall be applied as a percent, as determined by the Secretary, to the payment amount that would otherwise apply under subparagraph (B) or (C) of subsection (b)(1). ``(6) Rebate deposits.--Amounts paid as rebates under paragraph (1)(B) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(7) Civil money penalty.--If a manufacturer of a part B rebatable drug has failed to comply with the requirements under paragraph (1)(B) for such drug for a calendar quarter, the manufacturer shall be subject to, in accordance with a process established by the Secretary pursuant to regulations, a civil money penalty in an amount equal to at least 125 percent of the amount specified in paragraph (3) for such drug for such calendar quarter. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''; and (2) in subsection (i), as redesignated by paragraph (1)-- (A) in paragraph (4), by striking at the end ``and''; (B) in paragraph (5), by striking at the end the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(6) the determination of units under subsection (h); ``(7) the determination of whether a drug is a part B rebatable drug under subsection (h); ``(8) the calculation of the rebate amount under subsection (h); ``(9) the computation of coinsurance under subsection (h)(5); and ``(10) the computation of amounts paid under section 1833(a)(1)(EE).''. (b) Amounts Payable; Cost-Sharing.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (G), by inserting ``, subject to subsection (i)(9),'' after ``the amounts paid''; (B) in subparagraph (S), by striking ``with respect to'' and inserting ``subject to subparagraph (EE), with respect to''; (C) by striking ``and (DD)'' and inserting ``(DD)''; and (D) by inserting before the semicolon at the end the following: ``, and (EE) with respect to a part B rebatable drug (as defined in paragraph (2) of section 1847A(h)) for which the payment amount for a calendar quarter under paragraph (3)(A)(ii)(I) of such section (or, in the case of a part B rebatable drug that is a selected drug (as defined in section 1192(c)) for which, the payment amount described in section 1847A(b)(1)(B)) for such drug for such quarter exceeds the inflation-adjusted payment under paragraph (3)(A)(ii)(II) of such section for such quarter, the amounts paid shall be equal to the percent of the payment amount under paragraph (3)(A)(ii)(I) of such section or section 1847A(b)(1)(B), as applicable, that equals the difference between (i) 100 percent, and (ii) the percent applied under section 1847A(h)(5)(B)''; (2) in subsection (i), by adding at the end the following new paragraph: ``(9) In the case of a part B rebatable drug (as defined in paragraph (2) of section 1847A(h)) for which payment under this subsection is not packaged into a payment for a service furnished on or after July 1, 2023, under the revised payment system under this subsection, in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection, the provisions of section 1847A(h)(5) and paragraph (1)(EE) of subsection (a), shall, as determined appropriate by the Secretary, apply under this subsection in the same manner as such provisions of section 1847A(h)(5) and subsection (a) apply under such section and subsection.''; and (3) in subsection (t)(8), by adding at the end the following new subparagraph: ``(F) Part b rebatable drugs.--In the case of a part B rebatable drug (as defined in paragraph (2) of section 1847A(h), except if such drug does not have a copayment amount as a result of application of subparagraph (E)) for which payment under this part is not packaged into a payment for a covered OPD service (or group of services) furnished on or after July 1, 2023, and the payment for such drug under this subsection is the same as the amount for a calendar quarter under paragraph (3)(A)(ii)(I) of section 1847A(h), under the system under this subsection, in lieu of calculation of the copayment amount and the amount of payment otherwise applicable under this subsection (other than the application of the limitation described in subparagraph (C)), the provisions of section 1847A(h)(5) and paragraph (1)(EE) of subsection (a), shall, as determined appropriate by the Secretary, apply under this subsection in the same manner as such provisions of section 1847A(h)(5) and subsection (a) apply under such section and subsection.''. (c) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by inserting ``subsection (h) or'' before ``section 1927''. (2) Excluding part b drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``or section 1847A(h)'' after ``this section''. (3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)) is amended by inserting ``and the rebate'' after ``the payment amount''. (4) Excluding part b drug inflation rebates from average manufacturer price.--Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as previously amended, is further amended-- (A) in subclause (IV), by striking ``and''; (B) in subclause (V), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subclause: ``(VI) rebates paid by manufacturers under section 1847A(h); and''. (d) Funding.--In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $12,500,000 for fiscal year 2022 and $7,500,000 for each of fiscal years 2023 through 2031, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. SEC. 202. MEDICARE PART D REBATE BY MANUFACTURERS. (a) In General.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D-14A (42 U.S.C. 1395w-114a) the following new section: ``SEC. 1860D-14B. MANUFACTURER REBATE FOR CERTAIN DRUGS WITH PRICES INCREASING FASTER THAN INFLATION. ``(a) Requirements.-- ``(1) Secretarial provision of information.--Not later than 9 months after the end of each applicable year (as defined in subsection (g)(7)), subject to paragraph (3), the Secretary shall, for each part D rebatable drug, report to each manufacturer of such part D rebatable drug the following for such year: ``(A) The amount (if any) of the excess annual manufacturer price increase described in subsection (b)(1)(A)(ii) for each dosage form and strength with respect to such drug and year. ``(B) The rebate amount specified under subsection (b) for each dosage form and strength with respect to such drug and year. ``(2) Manufacturer requirements.--For each applicable year, the manufacturer of a part D rebatable drug, for each dosage form and strength with respect to such drug, not later than 30 days after the date of receipt from the Secretary of the information described in paragraph (1) for such year, shall provide to the Secretary a rebate that is equal to the amount specified in subsection (b) for such dosage form and strength with respect to such drug for such year. ``(3) Transition rule for reporting.--The Secretary may, for each rebatable covered part D drug, delay the timeframe for reporting the information and rebate amount described in subparagraphs (A) and (B) of such paragraph for the applicable year of 2023 until not later than September 30, 2025. ``(b) Rebate Amount.-- ``(1) In general.-- ``(A) Calculation.--For purposes of this section, the amount specified in this subsection for a dosage form and strength with respect to a part D rebatable drug and applicable year is, subject to subparagraph (C), paragraph (5)(B), and paragraph (6), the amount equal to the product of-- ``(i) subject to subparagraph (B) of this paragraph, the total number of units that are used to calculate the average manufacturer price of such dosage form and strength with respect to such part D rebatable drug, as reported by the manufacturer of such drug under section 1927 for each month, with respect to such year; and ``(ii) the amount (if any) by which-- ``(I) the annual manufacturer price (as determined in paragraph (2)) paid for such dosage form and strength with respect to such part D rebatable drug for the year; exceeds ``(II) the inflation-adjusted payment amount determined under paragraph (3) for such dosage form and strength with respect to such part D rebatable drug for the year. ``(B) Excluded units.--For purposes of subparagraph (A)(i), the Secretary shall exclude from the total number of units for a dosage form and strength with respect to a part D rebatable drug, with respect to an applicable year, the following: ``(i) Units of each dosage form and strength of such part D rebatable drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A). ``(ii) Units of each dosage form and strength of such part D rebatable drug for which a rebate is paid under section 1847A(h). ``(C) Exemption for shortages and severe supply chain disruptions.--The Secretary shall reduce or waive the amount under subparagraph (A) with respect to a part D rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of a generic drug, when the Secretary determines there are severe supply chain disruptions. ``(2) Determination of annual manufacturer price.--The annual manufacturer price determined under this paragraph for a dosage form and strength, with respect to a part D rebatable drug and an applicable year, is the sum of the products of-- ``(A) the average manufacturer price (as defined in subsection (g)(6)) of such dosage form and strength, as calculated for a unit of such drug, with respect to each of the calendar quarters of such year; and ``(B) the ratio of-- ``(i) the total number of units of such dosage form and strength reported under section 1927 with respect to each such calendar quarter of such year; to ``(ii) the total number of units of such dosage form and strength reported under section 1927 with respect to such year, as determined by the Secretary. ``(3) Determination of inflation-adjusted payment amount.-- The inflation-adjusted payment amount determined under this paragraph for a dosage form and strength with respect to a part D rebatable drug for an applicable year, subject to paragraph (5), is-- ``(A) the benchmark year manufacturer price determined under paragraph (4) for such dosage form and strength with respect to such drug and year; increased by ``(B) the percentage by which the applicable year CPI-U (as defined in subsection (g)(5)) for the year exceeds the benchmark period CPI-U (as defined in subsection (g)(4)). ``(4) Determination of benchmark year manufacturer price.-- The benchmark year manufacturer price determined under this paragraph for a dosage form and strength, with respect to a part D rebatable drug and an applicable year, is the sum of the products of-- ``(A) the average manufacturer price (as defined in subsection (g)(6)) of such dosage form and strength, as calculated for a unit of such drug, with respect to each of the calendar quarters of the payment amount benchmark year (as defined in subsection (g)(3)); and ``(B) the ratio of-- ``(i) the total number of units reported under section 1927 of such dosage form and strength with respect to each such calendar quarter of such payment amount benchmark year; to ``(ii) the total number of units reported under section 1927 of such dosage form and strength with respect to such payment amount benchmark year. ``(5) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--In the case of a part D rebatable drug first approved or licensed by the Food and Drug Administration after October 1, 2021, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (g)(3) as the first calendar year beginning after the day on which the drug was first marketed by any manufacturer and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (g)(4) as if the reference to `the month immediately prior to October 2021' under such subsection were a reference to `January of the first year beginning after the date on which the drug was first marketed by any manufacturer'. ``(B) Treatment of new formulations.-- ``(i) In general.--In the case of a part D rebatable drug that is a line extension of a part D rebatable drug that is an oral solid dosage form, the Secretary shall establish a formula for determining the rebate amount under paragraph (1) and the inflation adjusted payment amount under paragraph (3) with respect to such part D rebatable drug and an applicable year, consistent with the formula applied under subsection (c)(2)(C) of section 1927 for determining a rebate obligation for a rebate period under such section. ``(ii) Line extension defined.--In this subparagraph, the term `line extension' means, with respect to a part D rebatable drug, a new formulation of the drug, such as an extended release formulation, but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation. ``(C) Selected drugs.--In the case of a part D rebatable drug that is a selected drug (as defined in section 1192(c)) for a price applicability period (as defined in section 1191(b)(2)), in the case such drug is determined (pursuant to such section 1192(c)) to no longer be a selected drug, for each applicable year beginning after the price applicability period with respect to such drug, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (g)(3) as the last year beginning during such price applicability period with respect to such selected drug and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (g)(4) as if the reference to `the month immediately prior to October 1, 2021' under such subsection were a reference to January of the last year beginning during such price applicability period with respect to such drug. ``(6) Reconciliation in case of revised amp reports.--The Secretary shall provide for a method and process under which, in the case of a manufacturer of a part D rebatable drug that submits revisions to information submitted under section 1927 by the manufacturer with respect to such drug, the Secretary determines, pursuant to such revisions, adjustments, if any, to the calculation of the amount specified in this subsection for a dosage form and strength with respect to such part D rebatable drug and an applicable year and reconciles any overpayments or underpayments in amounts paid as rebates under this subsection. Any identified underpayment shall be rectified by the manufacturer not later than 30 days after the date of receipt from the Secretary of information on such underpayment. ``(c) Rebate Deposits.--Amounts paid as rebates under subsection (b) shall be deposited into the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(d) Information.--For purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3) and information submitted by States under section 1927(b)(2)(A). ``(e) Civil Money Penalty.--If a manufacturer of a part D rebatable drug has failed to comply with the requirement under subsection (a)(2) with respect to such drug for an applicable year, the manufacturer shall be subject to, in accordance with a process established by the Secretary pursuant to regulations, a civil money penalty in an amount equal to 125 percent of the amount specified in subsection (b) for such drug for such year. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) No Administrative or Judicial Review.--There shall be no administrative or judicial review of the following: ``(1) The determination of units under this section. ``(2) The determination of whether a drug is a part D rebatable drug under this section. ``(3) The calculation of the rebate amount under this section. ``(g) Definitions.--In this section: ``(1) Part d rebatable drug.-- ``(A) In general.--The term `part D rebatable drug' means a drug or biological that would (without application of this section) be a covered part D drug, except such term shall, with respect to an applicable year, not include such a drug or biological if the average annual total cost under this part for such year per individual who uses such a drug or biological, as determined by the Secretary, is less than, subject to subparagraph (B), $100, as determined by the Secretary using the most recent data available or, if data is not available, as estimated by the Secretary. ``(B) Increase.--The dollar amount applied under subparagraph (A)-- ``(i) for 2024, shall be the dollar amount specified under such subparagraph for 2023, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period beginning with January of 2023; and ``(ii) for a subsequent year, shall be the dollar amount specified in this subparagraph for the previous year, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period beginning with January of the previous year. Any dollar amount specified under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(2) Unit.--The term `unit' means, with respect to a part D rebatable drug, the lowest dispensable amount (such as a capsule or tablet, milligram of molecules, or grams) of the part D rebatable drug, as reported under section 1927. ``(3) Payment amount benchmark year.--The term `payment amount benchmark year' means the year ending in the month immediately prior to October 1, 2021. ``(4) Benchmark period cpi-u.--The term `benchmark period CPI-U' means the consumer price index for all urban consumers (United States city average) for the month immediately prior to October 2021. ``(5) Applicable year cpi-u.--The term `applicable year CPI-U' means, with respect to an applicable year, the consumer price index for all urban consumers (United States city average) for January of such year. ``(6) Average manufacturer price.--The term `average manufacturer price' has the meaning, with respect to a part D rebatable drug of a manufacturer, given such term in section 1927(k)(1), with respect to a covered outpatient drug of a manufacturer for a rebate period under section 1927. ``(7) Applicable year.--The term `applicable year' means a calendar year beginning with 2023. ``(h) Implementation for 2023 and 2024.--Notwithstanding any other provision of this section, the Secretary shall implement this section for 2023 and 2024 by program instruction or otherwise.''. (b) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)), as amended by section 201(c)(1), is further amended by striking ``subsection (h) or section 1927'' and inserting ``subsection (h), section 1927, or section 1860D-14B''. (2) Excluding part d drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)), as amended by section 201(c)(2), is further amended by striking ``or section 1847A(h)'' and inserting ``, section 1847A(h), or section 1860D-14B''. (3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section 201(c)(3), is further amended by striking ``or to carry out section 1847B'' and inserting ``or to carry out section 1847B or section 1860D-14B''. (4) Excluding part d drug inflation rebates from average manufacturer price.--Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as previously amended, is further amended by adding at the end the following new subclause: ``(VII) rebates paid by manufacturers under section 1860D- 14B.''. (c) Funding.--In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $12,500,000 for fiscal year 2022 and $7,500,000 for each of fiscal years 2023 through 2031, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. TITLE III--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES SEC. 301. MEDICARE PART D BENEFIT REDESIGN. (a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``for a year preceding 2024 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2024 and each subsequent year'' after ``paragraph (3)''; (B) in subparagraph (C)-- (i) in clause (i), in the matter preceding subclause (I), by inserting ``for a year preceding 2024,'' after ``paragraph (4),''; and (ii) in clause (ii)(III), by striking ``and each subsequent year'' and inserting ``through 2023''; and (C) in subparagraph (D)-- (i) in clause (i)-- (I) in the matter preceding subclause (I), by inserting ``for a year preceding 2024,'' after ``paragraph (4),''; and (II) in subclause (I)(bb), by striking ``a year after 2018'' and inserting ``each of years 2019 through 2023''; and (ii) in clause (ii)(V), by striking ``2019 and each subsequent year'' and inserting ``each of years 2019 through 2023''; (2) in paragraph (3)(A)-- (A) in the matter preceding clause (i), by inserting ``for a year preceding 2024,'' after ``and (4),''; and (B) in clause (ii), by striking ``for a subsequent year'' and inserting ``for each of years 2007 through 2023''; and (3) in paragraph (4)-- (A) in subparagraph (A)-- (i) in clause (i)-- (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving the margin of each such redesignated item 2 ems to the right; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking ``is equal to the greater of--'' and inserting ``is equal to-- ``(I) for a year preceding 2024, the greater of--''; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ``; and''; and (IV) by adding at the end the following: ``(II) for 2024 and each succeeding year, $0.''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii).''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for each of years 2021 through 2023''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2024, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved.''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and, for a year preceding 2024, for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of years 2011 through 2023, in applying''. (b) Reinsurance Payment Amount.--Section 1860D-15(b) of the Social Security Act (42 U.S.C. 1395w-115(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``equal to 80 percent'' and inserting ``equal to-- ``(A) for a year preceding 2024, 80 percent''; (B) in subparagraph (A), as added by subparagraph (A), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) for 2024 and each subsequent year, the sum of-- ``(i) an amount equal to 20 percent of such allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B) with respect to applicable drugs (as defined in section 1860D-14C(g)(2)); and ``(ii) an amount equal to 40 percent of such allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B) with respect to covered part D drugs that are not applicable drugs (as so defined).''; (2) in paragraph (2)-- (A) by striking ``COSTS.--For purposes'' and inserting ``Costs.-- ``(A) In general.--Subject to subparagraph (B), for purposes''; and (B) by adding at the end the following new subparagraph: ``(B) Inclusion of manufacturer discounts on applicable drugs.--For purposes of applying subparagraph (A), the term `allowable reinsurance costs' shall include the portion of the negotiated price (as defined in section 1860D-14C(g)(6)) of an applicable drug (as defined in section 1860D-14C(g)(2)) that was paid by a manufacturer under the manufacturer discount program under section 1860D-14C.''; and (3) in paragraph (3)-- (A) in the first sentence, by striking ``For purposes'' and inserting ``Subject to paragraph (2)(B), for purposes''; and (B) in the second sentence, by inserting ``(or, with respect to 2024 and subsequent years, in the case of an applicable drug, as defined in section 1860D- 14C(g)(2), by a manufacturer)'' after ``by the individual or under the plan''. (c) Reduced Cost-Sharing; Beneficiary Premium Percentage.-- (1) Cost-sharing.-- (A) In general.--Section 1860D-2(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended-- (i) in the subparagraph header, by striking ``25 percent coinsurance'' and inserting ``Coinsurance''; (ii) in clause (i), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''; and (iii) in clause (ii), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''. (B) Conforming amendment.--Section 1860D- 14(a)(2)(D) of the Social Security Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended by inserting ``(or, for 2024 and each subsequent year, instead of coinsurance of `23 percent')'' after ``instead of coinsurance of `25 percent'''. (2) Beneficiary premium percentage.-- (A) In general.--Section 1860D-13(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-113(a)(3)(A)) is amended by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. (B) Conforming amendments.-- (i) Section 1860D-11(g)(6) of the Social Security Act (42 U.S.C. 1395w-111(g)(6)) is amended by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. (ii) Section 1860D-13(a)(7)(B)(i) of the Social Security Act (42 U.S.C. 1395w- 113(a)(7)(B)(i)) is amended-- (I) in subclause (I), by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''; and (II) in subclause (II), by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. (iii) Section 1860D-15(a) of the Social Security Act (42 U.S.C. 1395w-115(a)) is amended by inserting ``(or, for 2024 and each subsequent year, 76.5 percent)'' after ``74.5 percent''. (d) Manufacturer Discount Program.-- (1) In general.--Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 through 42 U.S.C. 1395w-153), as amended by section 202, is further amended by inserting after section 1860D-14B the following new sections: ``SEC. 1860D-14C. MANUFACTURER DISCOUNT PROGRAM. ``(a) Establishment.--The Secretary shall establish a manufacturer discount program (in this section referred to as the `program'). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than January 1, 2023, in consultation with manufacturers, and allow for comment on such model agreement. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2024. ``(B) Clarification.--Nothing in this section shall be construed as affecting-- ``(i) the application of a coinsurance of 23 percent of the negotiated price, as applied under paragraph (2)(A) of section 1860D-2(b), for costs described in such paragraph; or ``(ii) the application of the copayment amount described in paragraph (4)(A) of such section, with respect to costs described in such paragraph. ``(C) Timing of agreement.-- ``(i) Special rule for 2024.--In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2024, and ending on December 31, 2024, the manufacturer shall enter into such agreement not later than 30 days after the date of the establishment of a model agreement under subsection (a). ``(ii) 2025 and subsequent years.--In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2025 or a subsequent plan year, the manufacturer shall enter into such agreement not later than a calendar quarter or semi- annual deadline established by the Secretary. ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. ``(3) Compliance with requirements for administration of program.--Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). ``(4) Length of agreement.-- ``(A) In general.--An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). ``(B) Termination.-- ``(i) By the secretary.--The Secretary shall provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. ``(ii) By a manufacturer.--A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 31 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 31 of a plan year, as of the day after the end of the succeeding plan year. ``(iii) Effectiveness of termination.--Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. ``(c) Duties Described.--The duties described in this subsection are the following: ``(1) Administration of program.--Administering the program, including-- ``(A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; ``(B) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- ``(i) the negotiated price of the applicable drug; and ``(ii) the discounted price of the applicable drug; ``(C) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as specified by the Secretary; and ``(D) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ``(B) Notification.--If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ``(3) Collection of data from prescription drug plans and ma-pd plans.--The Secretary may collect appropriate data from prescription drug plans and MA-PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. ``(d) Administration.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). ``(2) Limitation.--In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. ``(3) Contract with third parties.--The Secretary shall enter into a contract with 1 or more third parties to administer the requirements established by the Secretary in order to carry out this section. At a minimum, the contract with a third party under the preceding sentence shall require that the third party-- ``(A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; ``(B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this section; ``(C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this section, as necessary for the manufacturer to fulfill its obligations under this section; and ``(D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. ``(4) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. ``(5) Implementation.--The Secretary shall implement the program under this section for 2024 and 2025 by program instruction or otherwise. ``(e) Enforcement.-- ``(1) Audits.--Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. ``(2) Civil money penalty.-- ``(A) In general.--A manufacturer that fails to provide discounted prices for applicable drugs of the manufacturer dispensed to applicable beneficiaries in accordance with such agreement shall be subject to a civil money penalty for each such failure in an amount the Secretary determines is equal to the sum of-- ``(i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and ``(ii) 25 percent of such amount. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). ``(g) Definitions.--In this section: ``(1) Applicable beneficiary.--The term `applicable beneficiary' means an individual who, on the date of dispensing a covered part D drug-- ``(A) is enrolled in a prescription drug plan or an MA-PD plan; ``(B) is not enrolled in a qualified retiree prescription drug plan; and ``(C) has incurred costs, as determined in accordance with section 1860D-2(b)(4)(C) as if clause (iii) of such section included a reference to costs reimbursed through insurance, a group health plan, or certain other third-party payment arrangements, for covered part D drugs in the year that exceed-- ``(i) in the case of an individual not described in clause (ii) or (iii), the annual deductible for such year, as specified in section 1860D-2(b)(1); ``(ii) in the case of a subsidy eligible individual described in section 1860D-14(a)(1), the annual deductible for such year, as specified in subparagraph (B) of such section; and ``(iii) in the case of a subsidy eligible individual described in section 1860D-14(a)(2), the annual deductible for such year, as specified in subparagraph (B) of such section. ``(2) Applicable drug.--The term `applicable drug', with respect to an applicable beneficiary-- ``(A) means a covered part D drug-- ``(i) approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act; and ``(ii)(I) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; ``(II) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; or ``(III) is provided through an exception or appeal; and ``(B) does not include a selected drug (as referred to under section 1192(c)) during a price applicability period (as defined in section 1191(b)(2)) with respect to such drug. ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(4) Discounted price.-- ``(A) In general.--The term `discounted price' means, subject to subparagraphs (B) and (C), with respect to an applicable drug of a manufacturer dispensed during a year to an applicable beneficiary-- ``(i) who has not incurred costs, as determined in accordance with section 1860D- 2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B)(i) for the year, 90 percent of the negotiated price of such drug; and ``(ii) who has incurred such costs, as so determined, in the year that are equal to or exceed such threshold for the year, 80 percent of the negotiated price of such drug. ``(B) Phase-in for certain drugs dispensed to lis beneficiaries.-- ``(i) In general.--In the case of an applicable drug of a specified manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary who is a subsidy eligible individual (as defined in section 1860D-14(a)(3)), the term `discounted price' means the specified LIS percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. ``(ii) Specified manufacturer.-- ``(I) In general.--In this subparagraph, subject to subclause (II), the term `specified manufacturer' means a manufacturer of an applicable drug for which, in 2021-- ``(aa) the manufacturer had a coverage gap discount agreement under section 1860D- 14A; ``(bb) the total expenditures for all of the specified drugs of the manufacturer covered by such agreement or agreements for such year and covered under this part during such year represented less than 1.0 percent of the total expenditures under this part for all covered Part D drugs during such year; and ``(cc) the total expenditures for all of the specified drugs of the manufacturer that are single source drugs and biological products covered under part B during such year represented less than 1.0 percent of the total expenditures under part B for all drugs or biological products covered under such part during such year. ``(II) Specified drugs.-- ``(aa) In general.--For purposes of this clause, the term `specified drug' means, with respect to a specified manufacturer, for 2021, an applicable drug that is produced, prepared, propagated, compounded, converted, or processed by the manufacturer. ``(bb) Aggregation rule.-- All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this subparagraph. For purposes of making a determination pursuant to the previous sentence, an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the Secretary as necessary. ``(III) Limitation.--The term `specified manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(iii) Specified lis percent.--In this subparagraph, the `specified LIS percent' means, with respect to a year-- ``(I) for an applicable drug dispensed for an applicable beneficiary described in clause (i) who has not incurred costs, as determined in accordance with section 1860D- 2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year-- ``(aa) for 2024, 99 percent; ``(bb) for 2025, 98 percent; ``(cc) for 2026, 95 percent; ``(dd) for 2027, 92 percent; and ``(ee) for 2028 and each subsequent year, 90 percent; and ``(II) for an applicable drug dispensed for an applicable beneficiary described in clause (i) who has incurred costs, as determined in accordance with section 1860D- 2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year-- ``(aa) for 2024, 99 percent; ``(bb) for 2025, 98 percent; ``(cc) for 2026, 95 percent; ``(dd) for 2027, 92 percent; ``(ee) for 2028, 90 percent; ``(ff) for 2029, 85 percent; and ``(gg) for 2030 and each subsequent year, 80 percent. ``(C) Phase-in for specified small manufacturers.-- ``(i) In general.--In the case of an applicable drug of a specified small manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary, the term `discounted price' means the specified small manufacturer percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. ``(ii) Specified small manufacturer.-- ``(I) In general.--In this subparagraph, subject to subclause (III), the term `specified small manufacturer' means a manufacturer of an applicable drug for which, in 2021-- ``(aa) the manufacturer is a specified manufacturer (as defined in subparagraph (B)(ii)); and ``(bb) the total expenditures under part D for any one of the specified small manufacturer drugs of the manufacturer that are covered by the agreement or agreements under section 1860D-14A of such manufacturer for such year and covered under this part during such year are equal to or more than 80 percent of the total expenditures under this part for all specified small manufacturer drugs of the manufacturer that are covered by such agreement or agreements for such year and covered under this part during such year. ``(II) Specified small manufacturer drugs.-- ``(aa) In general.--For purposes of this clause, the term `specified small manufacturer drugs' means, with respect to a specified small manufacturer, for 2021, an applicable drug that is produced, prepared, propagated, compounded, converted, or processed by the manufacturer. ``(bb) Aggregation rule.-- All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this subparagraph. For purposes of making a determination pursuant to the previous sentence, an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the Secretary as necessary. ``(III) Limitation.--The term `specified small manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified small manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(iii) Specified small manufacturer percent.--In this subparagraph, the term `specified small manufacturer percent' means, with respect to a year-- ``(I) for an applicable drug dispensed for an applicable beneficiary who has not incurred costs, as determined in accordance with section 1860D-2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year-- ``(aa) for 2024, 99 percent; ``(bb) for 2025, 98 percent; ``(cc) for 2026, 95 percent; ``(dd) for 2027, 92 percent; and ``(ee) for 2028 and each subsequent year, 90 percent; and ``(II) for an applicable drug dispensed for an applicable beneficiary who has incurred costs, as determined in accordance with section 1860D- 2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year-- ``(aa) for 2024, 99 percent; ``(bb) for 2025, 98 percent; ``(cc) for 2026, 95 percent; ``(dd) for 2027, 92 percent; ``(ee) for 2028, 90 percent; ``(ff) for 2029, 85 percent; and ``(gg) for 2030 and each subsequent year, 80 percent. ``(D) Total expenditures.--For purposes of this paragraph, the term `total expenditures' includes, in the case of expenditures with respect to part D, ingredient costs, dispensing fees, sales tax, and, if applicable, vaccine administration fees. The term `total expenditures' excludes, in the case of expenditures with respect to part B, expenditures for a drug or biological that are bundled or packaged into the payment for another service. ``(E) Special case for certain claims.-- ``(i) Claims spanning deductible.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall above the annual deductible specified in section 1860D-2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls above such annual deductible. ``(ii) Claims spanning out-of-pocket threshold.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall entirely below or entirely above the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year, the manufacturer of the applicable drug shall provide the discounted price-- ``(I) in accordance with subparagraph (A)(i) on the portion of the negotiated price of the applicable drug that falls below such threshold; and ``(II) in accordance with subparagraph (A)(ii) on the portion of such price of such drug that falls at or above such threshold. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (or any successor regulation) and, with respect to an applicable drug, such negotiated price shall include any dispensing fee and, if applicable, any vaccine administration fee for the applicable drug. ``(7) Qualified retiree prescription drug plan.--The term `qualified retiree prescription drug plan' has the meaning given such term in section 1860D-22(a)(2). ``SEC. 1860D-14D. SELECTED DRUG SUBSIDY PROGRAM. ``With respect to covered part D drugs that would be applicable drugs (as defined in section 1860D-14C(g)(2)) but for the application of subparagraph (B) of such section, the Secretary shall provide a process whereby, in the case of an applicable beneficiary (as defined in section 1860D-14C(g)(1)) who, with respect to a year, is enrolled in a prescription drug plan or is enrolled in an MA-PD plan, has not incurred costs that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B)(i), and is dispensed such a drug the Secretary (periodically and on a timely basis) provides the PDP sponsor or the MA organization offering the plan, a subsidy with respect to such drug that is equal to 10 percent of the negotiated price (as defined in section 1860D-14C(g)(6)) of such drug.''. (2) Sunset of medicare coverage gap discount program.-- Section 1860D-14A of the Social Security Act (42 U.S.C. 1395- 114a) is amended-- (A) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subsection (h), the Secretary''; and (B) by adding at the end the following new subsection: ``(h) Sunset of Program.-- ``(1) In general.--The program shall not apply with respect to applicable drugs dispensed on or after January 1, 2024, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. ``(2) Continued application for applicable drugs dispensed prior to sunset.--The provisions of this section (including all responsibilities and duties) shall continue to apply on and after January 1, 2024, with respect to applicable drugs dispensed prior to such date.''. (3) Inclusion of actuarial value of manufacturer discounts in bids.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended-- (A) in subsection (b)(2)(C)(iii)-- (i) by striking ``assumptions regarding the reinsurance'' and inserting ``assumptions regarding-- ``(I) the reinsurance''; and (ii) by adding at the end the following: ``(II) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D-14C subtracted from the actuarial value to produce such bid; and''; and (B) in subsection (c)(1)(C)-- (i) by striking ``an actuarial valuation of the reinsurance'' and inserting ``an actuarial valuation of-- ``(i) the reinsurance''; (ii) in clause (i), as inserted by clause (i) of this subparagraph, by adding ``and'' at the end; and (iii) by adding at the end the following: ``(ii) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D-14C;''. (e) Conforming Amendments.-- (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (A) in subsection (a)(2)(A)(i)(I), by striking ``, or an increase in the initial'' and inserting ``or, for a year preceding 2024, an increase in the initial''; (B) in subsection (c)(1)(C)-- (i) in the subparagraph heading, by striking ``at initial coverage limit''; and (ii) by inserting ``for a year preceding 2024 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2024 and each subsequent year'' after ``subsection (b)(3) for the year'' each place it appears; and (C) in subsection (d)(1)(A), by striking ``or an initial'' and inserting ``or, for a year preceding 2024, an initial''. (2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking ``the initial'' and inserting ``for a year preceding 2024, the initial''. (3) Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; (ii) in subparagraph (D)(iii), by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''; and (iii) in subparagraph (E), by striking ``The elimination'' and inserting ``For a year preceding 2024, the elimination''; and (B) in paragraph (2)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; and (ii) in subparagraph (E), by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''. (4) Section 1860D-21(d)(7) of the Social Security Act (42 U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (5) Section 1860D-22(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-132(a)(2)(A)) is amended-- (A) by striking ``the value of any discount'' and inserting the following: ``the value of-- ``(i) for years prior to 2024, any discount''; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) for 2024 and each subsequent year, any discount provided pursuant to section 1860D-14C.''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C. 1395w-151(a)(6)) is amended-- (A) by inserting ``for a year before 2024'' after ``1860D-2(b)(3)''; and (B) by inserting ``for such year'' before the period. (7) Section 1860D-43 of the Social Security Act (42 U.S.C. 1395w-153) is amended-- (A) in subsection (a)-- (i) by striking paragraph (1) and inserting the following: ``(1) participate in-- ``(A) for 2011 through 2023, the Medicare coverage gap discount program under section 1860D-14A; and ``(B) for 2024 and each subsequent year, the manufacturer discount program under section 1860D- 14C;''; (ii) by striking paragraph (2) and inserting the following: ``(2) have entered into and have in effect-- ``(A) for 2011 through 2023, an agreement described in subsection (b) of section 1860D-14A with the Secretary; and ``(B) for 2024 and each subsequent year, an agreement described in subsection (b) of section 1860D- 14C with the Secretary; and''; and (iii) by striking paragraph (3) and inserting the following: ``(3) have entered into and have in effect, under terms and conditions specified by the Secretary-- ``(A) for 2011 through 2023, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of section 1860D- 14A; and ``(B) for 2024 and each subsequent year, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of section 1860D-14C.''; and (B) by striking subsection (b) and inserting the following: ``(b) Effective Date.--Paragraphs (1)(A), (2)(A), and (3)(A) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2024, and paragraphs (1)(B), (2)(B), and (3)(B) of such subsection shall apply to covered part D drugs dispensed under this part on or after January 1, 2024.''. (8) Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended-- (A) in subsection (c)(1)(C)(i)(VI), by inserting before the period at the end the following: ``or under the manufacturer discount program under section 1860D- 14C''; and (B) in subsection (k)(1)(B)(i)(V), by inserting before the period at the end the following: ``or under section 1860D-14C''. (f) Implementation for 2024 and 2025.--Notwithstanding any other provision of this section, the Secretary shall implement this section, including the amendments made by this section, for 2024 and 2025 by program instruction or otherwise. (g) Funding.--In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $44,000,000 for fiscal year 2022, $38,000,000 for fiscal year 2023, and $32,000,000 for each of fiscal years 2024 through 2031, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. SEC. 302. MAXIMUM MONTHLY CAP ON COST-SHARING PAYMENTS UNDER PRESCRIPTION DRUG PLANS AND MA-PD PLANS. (a) In General.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)), as amended by section 301, is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (D)'' and inserting ``, (D), and (E)''; and (B) by adding at the end the following new subparagraph: ``(E) Maximum monthly cap on cost-sharing payments.-- ``(i) In general.--For plan years beginning on or after January 1, 2025, each PDP sponsor offering a prescription drug plan and each MA organization offering an MA-PD plan shall provide to any enrollee of such plan, including an enrollee who is a subsidy eligible individual (as defined in paragraph (3) of section 1860D-14(a)), the option to elect with respect to a plan year to pay cost-sharing under the plan in monthly amounts that are capped in accordance with this subparagraph. ``(ii) Determination of maximum monthly cap.--For each month in the plan year for which an enrollee in a prescription drug plan or an MA-PD plan has made an election pursuant to clause (i), the PDP sponsor or MA organization shall determine a maximum monthly cap (as defined in clause (iv)) for such enrollee. ``(iii) Beneficiary monthly payments.--With respect to an enrollee who has made an election pursuant to clause (i), for each month described in clause (ii), the PDP sponsor or MA organization shall bill such enrollee an amount (not to exceed the maximum monthly cap) for the out-of-pocket costs of such enrollee in such month. ``(iv) Maximum monthly cap defined.--In this subparagraph, the term `maximum monthly cap' means, with respect to an enrollee-- ``(I) for the first month for which the enrollee has made an election pursuant to clause (i), an amount determined by calculating-- ``(aa) the annual out-of- pocket threshold specified in paragraph (4)(B) minus the incurred costs of the enrollee as described in paragraph (4)(C); divided by ``(bb) the number of months remaining in the plan year; and ``(II) for a subsequent month, an amount determined by calculating-- ``(aa) the sum of any remaining out-of-pocket costs owed by the enrollee from a previous month that have not yet been billed to the enrollee and any additional out-of- pocket costs incurred by the enrollee; divided by ``(bb) the number of months remaining in the plan year. ``(v) Additional requirements.--The following requirements shall apply with respect to the option to make an election pursuant to clause (i) under this subparagraph: ``(I) Secretarial responsibilities.--The Secretary shall provide information to part D eligible individuals on the option to make such election through educational materials, including through the notices provided under section 1804(a). ``(II) Timing of election.--An enrollee in a prescription drug plan or an MA-PD plan may make such an election-- ``(aa) prior to the beginning of the plan year; or ``(bb) in any month during the plan year. ``(III) PDP sponsor and ma organization responsibilities.--Each PDP sponsor offering a prescription drug plan or MA organization offering an MA-PD plan-- ``(aa) may not limit the option for an enrollee to make such an election to certain covered part D drugs; ``(bb) shall, prior to the plan year, notify prospective enrollees of the option to make such an election in promotional materials; ``(cc) shall include information on such option in enrollee educational materials; ``(dd) shall have in place a mechanism to notify a pharmacy during the plan year when an enrollee incurs out-of- pocket costs with respect to covered part D drugs that make it likely the enrollee may benefit from making such an election; ``(ee) shall provide that a pharmacy, after receiving a notification described in item (dd) with respect to an enrollee, informs the enrollee of such notification; ``(ff) shall ensure that such an election by an enrollee has no effect on the amount paid to pharmacies (or the timing of such payments) with respect to covered part D drugs dispensed to the enrollee; and ``(gg) shall have in place a financial reconciliation process to correct inaccuracies in payments made by an enrollee under this subparagraph with respect to covered part D drugs during the plan year. ``(IV) Failure to pay amount billed.--If an enrollee fails to pay the amount billed for a month as required under this subparagraph, the election of the enrollee pursuant to clause (i) shall be terminated and the enrollee shall pay the cost-sharing otherwise applicable for any covered part D drugs subsequently dispensed to the enrollee up to the annual out-of- pocket threshold specified in paragraph (4)(B). ``(V) Clarification regarding past due amounts.--Nothing in this subparagraph shall be construed as prohibiting a PDP sponsor or an MA organization from billing an enrollee for an amount owed under this subparagraph. ``(VI) Treatment of unsettled balances.--Any unsettled balances with respect to amounts owed under this subparagraph shall be treated as plan losses and the Secretary shall not be liable for any such balances outside of those assumed as losses estimated in plan bids.''; and (2) in paragraph (4)-- (A) in subparagraph (C), by striking ``in subparagraph (E)'' and inserting ``in subparagraph (E) and subject to subparagraph (F)''; and (B) by adding at the end the following new subparagraph: ``(F) Inclusion of costs paid under maximum monthly cap option.--In applying subparagraph (A), with respect to an enrollee who has made an election pursuant to clause (i) of paragraph (2)(E), costs shall be treated as incurred if such costs are paid by a PDP sponsor or an MA organization under the option provided under such paragraph.''. (b) Application to Alternative Prescription Drug Coverage.--Section 1860D-2(c) of the Social Security Act (42 U.S.C. 1395w-102(c)) is amended by adding at the end the following new paragraph: ``(4) Same maximum monthly cap on cost-sharing.--For plan years beginning on or after January 1, 2025, the maximum monthly cap on cost-sharing payments under the option provided under subsection (b)(2)(E) shall apply to such coverage.''. (c) Implementation for 2025.--The Secretary shall implement this section, including the amendments made by this section, for 2025 by program instruction or otherwise. (d) Funding.--In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $1,000,000 for each of fiscal years 2022 through 2031, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. TITLE IV--REPEAL OF CERTAIN PRESCRIPTION DRUG REBATE RULE SEC. 401. PROHIBITING IMPLEMENTATION OF RULE RELATING TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR PRESCRIPTION DRUG REBATES. Beginning January 1, 2026, the Secretary of Health and Human Services shall not implement, administer, or enforce the provisions of the final rule published by the Office of the Inspector General of the Department of Health and Human Services on November 30, 2020, and titled ``Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. Reg. 76666). TITLE V--MISCELLANEOUS SEC. 501. APPROPRIATE COST-SHARING FOR CERTAIN INSULIN PRODUCTS UNDER MEDICARE PART D. (a) In General.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A), by striking ``The coverage'' and inserting ``Subject to paragraph (8), the coverage''; (B) in paragraph (2)(A), by striking ``and (D)'' and inserting ``and (D) and paragraph (8)''; (C) in paragraph (3)(A), by striking ``and (4)'' and inserting ``(4), and (8)''; (D) in paragraph (4)(A)(i), by striking ``The coverage'' and inserting ``Subject to paragraph (8), the coverage''; and (E) by adding at the end the following new paragraph: ``(8) Treatment of cost-sharing for certain insulin products.-- ``(A) In general.--For plan years beginning on or after January 1, 2023, the following shall apply with respect to insulin products (as defined in subparagraph (B)): ``(i) No application of deductible.--The deductible under paragraph (1) shall not apply with respect to such insulin products. ``(ii) Application of cost-sharing.-- ``(I) Plan year 2023.--For plan year 2023, the coverage provides benefits for such insulin products, regardless of whether an individual has reached the initial coverage limit under paragraph (3) or the out-of- pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ``(II) Plan year 2024 and subsequent plan years.--For plan year 2024 and subsequent plan years, the coverage provides benefits for such insulin products, prior to an individual reaching the out-of-pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ``(III) Applicable copayment amount.--For purposes of this clause, the term `applicable copayment amount' means, with respect to an insulin product under a prescription drug plan or an MA-PD plan, an amount that is not more than $35. ``(B) Insulin product.--For purposes of this paragraph, the term `insulin product' means an insulin product that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act and marketed pursuant to such approval or licensure, including any insulin product that has been deemed to be licensed under section 351 of the Public Health Service Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and marketed pursuant to such section.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Treatment of cost-sharing for insulin products.--The coverage is provided in accordance with subsection (b)(8).''. (b) Conforming Amendments to Cost-Sharing for Low-Income Individuals.--Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D)(iii), by adding at the end the following new sentence: ``For plan year 2023 and subsequent plan years, the copayment amount applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''; and (B) in subparagraph (E), by inserting the following before the period at the end ``or under section 1860D- 2(b)(8) in the case of an insulin product (as defined in subparagraph (B) of such section)''; and (2) in paragraph (2)-- (A) in subparagraph (D), by adding at the end the following new sentence: ``For plan year 2023 and subsequent plan years, the amount of the coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''; and (B) in subparagraph (E), by adding at the end the following new sentence: ``For plan year 2023, the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''. (c) Implementation.--The Secretary shall implement this section for plan years 2023 and 2024 by program instruction or otherwise. SEC. 502. COVERAGE OF ADULT VACCINES RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES UNDER MEDICARE PART D. (a) Ensuring Treatment of Cost-Sharing Is Consistent With Treatment of Vaccines Under Medicare Part B.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102), as amended by section 501, is further amended-- (1) in subsection (b)-- (A) in paragraph (1)(A), by striking ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; (B) in paragraph (2)(A), by striking ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; (C) in paragraph (3)(A), by striking ``and (8)'' and inserting ``(8), and (9)''; (D) in paragraph (4)(A)(i), by striking ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; and (E) by adding at the end the following new paragraph: ``(9) Treatment of cost-sharing for adult vaccines recommended by the advisory committee on immunization practices consistent with treatment of vaccines under part b.-- ``(A) In general.--For plan years beginning on or after January 1, 2024, the following shall apply with respect to an adult vaccine recommended by the Advisory Committee on Immunization Practices (as defined in subparagraph (B)): ``(i) No application of deductible.--The deductible under paragraph (1) shall not apply with respect to such vaccine. ``(ii) No application of coinsurance or any other cost-sharing.--There shall be no coinsurance or other cost-sharing under this part with respect to such vaccine, regardless of whether for costs below, at, or above the initial coverage limit under paragraph (3) or the out-of-pocket threshold under paragraph (4). ``(B) Adult vaccines recommended by the advisory committee on immunization practices.--For purposes of this paragraph, the term `adult vaccine recommended by the Advisory Committee on Immunization Practices' means a covered part D drug that is a vaccine licensed under section 351 of the Public Health Service Act for use by adult populations and administered in accordance with recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(5) Treatment of cost-sharing for adult vaccines recommended by the advisory committee on immunization practices.--The coverage is in accordance with subsection (b)(9).''. (b) Conforming Amendments to Cost-Sharing for Low-Income Individuals.--Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)), as amended by section 501, is further amended-- (1) in paragraph (1)(D), in each of clauses (ii) and (iii), by striking ``In the case'' and inserting ``Subject to paragraph (6), in the case''; (2) in paragraph (2)-- (A) in subparagraph (B), by striking ``A reduction'' and inserting ``Subject to paragraph (6), a reduction''; (B) in subparagraph (D), by striking ``The substitution'' and inserting ``Subject to paragraph (6), the substitution''; and (C) in subparagraph (E), by striking ``subsection (c)'' and inserting ``paragraph (6) and subsection (c)''; and (3) by adding at the end the following new paragraph: ``(6) No application of cost-sharing for adult vaccines recommended by the advisory committee on immunization practices.--For plan years beginning on or after January 1, 2024, there shall be no cost-sharing under this section, including no annual deductible applicable under this section, with respect to an adult vaccine recommended by the Advisory Committee on Immunization Practices (as defined in subparagraph (B) of such section).''. (c) Rule of Construction.--Nothing in this section shall be construed as limiting coverage under part D of title XVIII of the Social Security Act for vaccines that are not recommended by the Advisory Committee on Immunization Practices. (d) Implementation for 2024.--The Secretary shall implement this section, including the amendments made by this section, for 2024 by program instruction or otherwise. SEC. 503. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS DURING INITIAL PERIOD. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w- 3a(c)(4)) is amended-- (1) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (3) by striking ``unavailable.--In the case'' and inserting ``unavailable.-- ``(A) In general.--Subject to subparagraph (B), in the case''; and (4) by adding at the end the following new subparagraph: ``(B) Limitation on payment amount for biosimilar biological products during initial period.--In the case of a biosimilar biological product furnished on or after July 1, 2023, during the initial period described in subparagraph (A) with respect to the biosimilar biological product, the amount payable under this section for the biosimilar biological product is the lesser of the following: ``(i) The amount determined under clause (ii) of such subparagraph for the biosimilar biological product. ``(ii) The amount determined under subsection (b)(1)(B) for the reference biological product.''. SEC. 504. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT FOR CERTAIN BIOSIMILAR BIOLOGICAL PRODUCTS. Section 1847A(b)(8) of the Social Security Act (42 U.S.C. 1395w- 3a(b)(8)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the margin of each such redesignated clause 2 ems to the right; (2) by striking ``product.--The amount'' and inserting the following: ``product.-- ``(A) In general.--Subject to subparagraph (B), the amount''; and (3) by adding at the end the following new subparagraph: ``(B) Temporary payment increase.-- ``(i) In general.--In the case of a qualifying biosimilar biological product that is furnished during the applicable 5-year period for such product, the amount specified in this paragraph for such product with respect to such period is the sum determined under subparagraph (A), except that clause (ii) of such subparagraph shall be applied by substituting `8 percent' for `6 percent'. ``(ii) Applicable 5-year period.--For purposes of clause (i), the applicable 5-year period for a qualifying biosimilar biological product is-- ``(I) in the case of such a product for which payment was made under this paragraph as of March 31, 2022, the 5- year period beginning on April 1, 2022; and ``(II) in the case of such a product for which payment is first made under this paragraph during a calendar quarter during the period beginning April 1, 2022, and ending March 31, 2027, the 5-year period beginning on the first day of such calendar quarter during which such payment is first made. ``(iii) Qualifying biosimilar biological product defined.--For purposes of this subparagraph, the term `qualifying biosimilar biological product' means a biosimilar biological product described in paragraph (1)(C) with respect to which-- ``(I) in the case of a product described in clause (ii)(I), the average sales price under paragraph (8)(A)(i) for a calendar quarter during the 5-year period described in such clause is not more than the average sales price under paragraph (4)(A) for such quarter for the reference biological product; and ``(II) in the case of a product described in clause (ii)(II), the average sales price under paragraph (8)(A)(i) for a calendar quarter during the 5-year period described in such clause is not more than the average sales price under paragraph (4)(A) for such quarter for the reference biological product.''. SEC. 505. IMPROVING ACCESS TO ADULT VACCINES UNDER MEDICAID AND CHIP. (a) Medicaid.-- (1) Requiring coverage of adult vaccinations.-- (A) In general.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended in the matter preceding clause (i) by inserting ``(13)(B),'' after ``(5),''. (B) Medically needy.--Section 1902(a)(10)(C)(iv) of such Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by inserting ``, (13)(B),'' after ``(5)''. (2) No cost-sharing for vaccinations.-- (A) General cost-sharing limitations.--Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended-- (i) in subsection (a)(2)-- (I) in subparagraph (G), by inserting a comma after ``State plan''; (II) in subparagraph (H), by striking ``; or'' and inserting a comma; (III) in subparagraph (I), by striking ``; and'' and inserting ``, or''; and (IV) by adding at the end the following new subparagraph: ``(J) vaccines described in section 1905(a)(13)(B) and the administration of such vaccines; and''; and (ii) in subsection (b)(2)-- (I) in subparagraph (G), by inserting a comma after ``State plan''; (II) in subparagraph (H), by striking ``; or'' and inserting a comma; (III) in subparagraph (I), by striking ``; and'' and inserting ``, or''; and (IV) by adding at the end the following new subparagraph: ``(J) vaccines described in section 1905(a)(13)(B) and the administration of such vaccines; and''. (B) Application to alternative cost-sharing.-- Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the end the following new clause: ``(xiv) Vaccines described in section 1905(a)(13)(B) and the administration of such vaccines.''. (3) Increased fmap for adult vaccines.--Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended-- (A) by striking ``and (5)'' and inserting ``(5)''; (B) by striking ``services and vaccines described in subparagraphs (A) and (B) of subsection (a)(13), and prohibits cost-sharing for such services and vaccines'' and inserting ``services described in subsection (a)(13)(A), and prohibits cost-sharing for such services''; (C) by striking ``medical assistance for such services and vaccines'' and inserting ``medical assistance for such services''; and (D) by inserting ``, and (6) during the first 8 fiscal quarters beginning on or after the effective date of this clause, in the case of a State which, as of the date of enactment of the Act titled `An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14', provides medical assistance for vaccines described in subsection (a)(13)(B) and their administration and prohibits cost-sharing for such vaccines, the Federal medical assistance percentage, as determined under this subsection and subsection (y), shall be increased by 1 percentage point with respect to medical assistance for such vaccines'' before the first period. (b) CHIP.-- (1) Requiring coverage of adult vaccinations.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following paragraph: ``(12) Required coverage of approved, recommended adult vaccines and their administration.--Regardless of the type of coverage elected by a State under subsection (a), if the State child health plan or a waiver of such plan provides child health assistance or pregnancy-related assistance (as defined in section 2112) to an individual who is 19 years of age or older, such assistance shall include coverage of vaccines described in section 1905(a)(13)(B) and their administration.''. (2) No cost-sharing for vaccinations.--Section 2103(e)(2) of such Act (42 U.S.C. 1397cc(e)(2)) is amended by inserting ``vaccines described in subsection (c)(12) (and the administration of such vaccines),'' after ``in vitro diagnostic products described in subsection (c)(10) (and administration of such products),''. (c) Effective Date.--The amendments made by this section take effect on the 1st day of the 1st fiscal quarter that begins on or after the date that is 1 year after the date of enactment of this Act and shall apply to expenditures made under a State plan or waiver of such plan under title XIX of the Social Security Act (42 U.S.C. 1396 through 1396w-6) or under a State child health plan or waiver of such plan under title XXI of such Act (42 U.S.C. 1397aa through 1397mm) on or after such effective date. TITLE VI--ADDITIONAL INSULIN POLICIES SEC. 601. ERISA REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS. (a) 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: ``SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS. ``(a) In General.--For plan years beginning on or after January 1, 2023, a group health plan or health insurance issuer offering group health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not-- ``(1) apply any deductible; or ``(2) impose any cost-sharing in excess of the lesser of, per 30-day supply-- ``(A) $35; or ``(B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services. ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan or health insurance issuer. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148) and continues to be marketed pursuant to such licensure. ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. ``(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. ``(e) Application of Cost-Sharing Towards Deductibles and Out-of- Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 725 the following: ``Sec. 726. Requirements with respect to cost-sharing for certain insulin products.''. SEC. 602. PUBLIC HEALTH SERVICE ACT REQUIREMENTS WITH RESPECT TO COST- SHARING FOR INSULIN PRODUCTS. (a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the following: ``SEC. 2799A-11. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS. ``(a) In General.--For plan years beginning on or after January 1, 2023, a group health plan or health insurance issuer offering group or individual health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not-- ``(1) apply any deductible; or ``(2) impose any cost-sharing in excess of the lesser of, per 30-day supply-- ``(A) $35; or ``(B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services. ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan or health insurance issuer. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. ``(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. ``(e) Application of Cost-Sharing Towards Deductibles and Out-of- Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage.''. (b) No Effect on Other Cost-Sharing.--Section 1302(d)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(2)) is amended by adding at the end the following new subparagraph: ``(D) Special rule relating to insulin coverage.-- The exemption of coverage of selected insulin products (as defined in section 2799A-11(b) of the Public Health Service Act) from the application of any deductible pursuant to section 2799A-11(a)(1) of such Act, section 726(a)(1) of the Employee Retirement Income Security Act of 1974, or section 9826(a)(1) of the Internal Revenue Code of 1986 shall not be considered when determining the actuarial value of a qualified health plan under this subsection.''. (c) Coverage of Certain Insulin Products Under Catastrophic Plans.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended by adding at the end the following: ``(4) Coverage of certain insulin products.-- ``(A) In general.--Notwithstanding paragraph (1)(B)(i), a health plan described in paragraph (1) shall provide coverage of selected insulin products, in accordance with section 2799A-11 of the Public Health Service Act, for a plan year before an enrolled individual has incurred cost-sharing expenses in an amount equal to the annual limitation in effect under subsection (c)(1) for the plan year. ``(B) Terminology.--For purposes of subparagraph (A)-- ``(i) the term `selected insulin products' has the meaning given such term in section 2799A-11(b) of the Public Health Service Act; and ``(ii) the requirements of section 2799A-11 of such Act shall be applied by deeming each reference in such section to `individual health insurance coverage' to be a reference to a plan described in paragraph (1).''. SEC. 603. IRC REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS. (a) In General.--Subchapter B of chapter 100 is amended by adding at the end the following new section: ``SEC. 9826. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS. ``(a) In General.--For plan years beginning on or after January 1, 2023, a group health plan shall provide coverage of selected insulin products, and with respect to such products, shall not-- ``(1) apply any deductible; or ``(2) impose any cost-sharing in excess of the lesser of, per 30-day supply-- ``(A) $35; or ``(B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan, including price concessions received by or on behalf of third-party entities providing services to the plan, such as pharmacy benefit management services. ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148) and continues to be marketed pursuant to such licensure. ``(c) Out-of-Network Providers.--Nothing in this section requires a plan that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. ``(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. ``(e) Application of Cost-Sharing Towards Deductibles and Out-of- Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 100 is amended by adding at the end the following new item: ``Sec. 9826. Requirements with respect to cost-sharing for certain insulin products.''. <all>

This bill establishes several programs and requirements to address the prices of prescription drugs, including (1) requiring the Centers for Medicare & Medicaid Services to negotiate the prices of certain brand-name drugs and insulin under Medicare, (2) capping annual out-of-pocket spending under the Medicare prescription drug benefit, and (3) limiting cost-sharing for insulin products.

1. Coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices under Medicare part D. Sec. Payment for biosimilar biological products during initial period. 1191. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS. ``(ii) Part b drugs.--The total expenditures for the qualifying single source drug under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during 2021-- ``(I) are equal to or less than 1 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs covered under such part B during such year; and ``(II) are equal to at least 80 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs of the manufacturer that are covered under such part B during such year. 1193. MANUFACTURER AGREEMENTS. 1194. NEGOTIATION AND RENEGOTIATION PROCESS. PUBLICATION OF MAXIMUM FAIR PRICES. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS. (e) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(B) The rebate amount specified under subsection (b) for each dosage form and strength with respect to such drug and year. ``(2) The determination of whether a drug is a part D rebatable drug under this section. ``(7) Applicable year.--The term `applicable year' means a calendar year beginning with 2023. ''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii). 1395w-113(a)(3)(A)) is amended by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. 1860D-14C. (c) Implementation.--The Secretary shall implement this section for plan years 2023 and 2024 by program instruction or otherwise. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. (a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. is amended by adding at the end the following: ``SEC. Requirements with respect to cost-sharing for certain insulin products.''.

1. Coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices under Medicare part D. Sec. Payment for biosimilar biological products during initial period. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS. MANUFACTURER AGREEMENTS. NEGOTIATION AND RENEGOTIATION PROCESS. PUBLICATION OF MAXIMUM FAIR PRICES. (e) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(B) The rebate amount specified under subsection (b) for each dosage form and strength with respect to such drug and year. ``(2) The determination of whether a drug is a part D rebatable drug under this section. ``(7) Applicable year.--The term `applicable year' means a calendar year beginning with 2023. ''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii). 1395w-113(a)(3)(A)) is amended by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. 1860D-14C. (c) Implementation.--The Secretary shall implement this section for plan years 2023 and 2024 by program instruction or otherwise. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. (a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. is amended by adding at the end the following: ``SEC. Requirements with respect to cost-sharing for certain insulin products.''.

1. Coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices under Medicare part D. Sec. Payment for biosimilar biological products during initial period. 1191. The determination of a unit, with respect to a drug or biological, pursuant to this paragraph shall not be subject to administrative or judicial review. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS. ``(ii) Part b drugs.--The total expenditures for the qualifying single source drug under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during 2021-- ``(I) are equal to or less than 1 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs covered under such part B during such year; and ``(II) are equal to at least 80 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs of the manufacturer that are covered under such part B during such year. 1193. MANUFACTURER AGREEMENTS. 1194. NEGOTIATION AND RENEGOTIATION PROCESS. PUBLICATION OF MAXIMUM FAIR PRICES. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS. CIVIL MONETARY PENALTY. (e) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(B) The rebate amount specified under subsection (b) for each dosage form and strength with respect to such drug and year. ``(5) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--In the case of a part D rebatable drug first approved or licensed by the Food and Drug Administration after October 1, 2021, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (g)(3) as the first calendar year beginning after the day on which the drug was first marketed by any manufacturer and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (g)(4) as if the reference to `the month immediately prior to October 2021' under such subsection were a reference to `January of the first year beginning after the date on which the drug was first marketed by any manufacturer'. ``(2) The determination of whether a drug is a part D rebatable drug under this section. ``(7) Applicable year.--The term `applicable year' means a calendar year beginning with 2023. ''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii). 1395w-113(a)(3)(A)) is amended by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. 1860D-14C. (c) Implementation.--The Secretary shall implement this section for plan years 2023 and 2024 by program instruction or otherwise. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 505. (a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. is amended by adding at the end the following: ``SEC. Requirements with respect to cost-sharing for certain insulin products.''.

1. Coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices under Medicare part D. Sec. Payment for biosimilar biological products during initial period. 1191. ``(b) Definitions Relating to Timing.--For purposes of this part: ``(1) Initial price applicability year.--The term `initial price applicability year' means a year (beginning with 2025). The determination of a unit, with respect to a drug or biological, pursuant to this paragraph shall not be subject to administrative or judicial review. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS. ``(ii) Part b drugs.--The total expenditures for the qualifying single source drug under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during 2021-- ``(I) are equal to or less than 1 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs covered under such part B during such year; and ``(II) are equal to at least 80 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs of the manufacturer that are covered under such part B during such year. 1193. MANUFACTURER AGREEMENTS. 1194. NEGOTIATION AND RENEGOTIATION PROCESS. PUBLICATION OF MAXIMUM FAIR PRICES. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS. CIVIL MONETARY PENALTY. 102. ``(2) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). (e) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until expended-- (1) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2022; (2) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2023; (3) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2024; (4) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2025; (5) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2026; (6) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2027; (7) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2028; (8) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2029; (9) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2030; and (10) $300,000,000 to carry out the provisions of, including the amendments made by, this part in fiscal year 2031. ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(B) The rebate amount specified under subsection (b) for each dosage form and strength with respect to such drug and year. ``(5) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--In the case of a part D rebatable drug first approved or licensed by the Food and Drug Administration after October 1, 2021, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (g)(3) as the first calendar year beginning after the day on which the drug was first marketed by any manufacturer and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (g)(4) as if the reference to `the month immediately prior to October 2021' under such subsection were a reference to `January of the first year beginning after the date on which the drug was first marketed by any manufacturer'. ``(2) The determination of whether a drug is a part D rebatable drug under this section. ``(7) Applicable year.--The term `applicable year' means a calendar year beginning with 2023. ''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii). 1395w-113(a)(3)(A)) is amended by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. 1860D-14C. ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. (c) Implementation.--The Secretary shall implement this section for plan years 2023 and 2024 by program instruction or otherwise. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 505. (a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. is amended by adding at the end the following: ``SEC. Requirements with respect to cost-sharing for certain insulin products.''.

To provide for lower prices for drugs through drug price negotiation, and for other purposes. b) Table of Contents.--The table of contents for this Act is as follows: Sec. Medicare part D rebate by manufacturers. Maximum monthly cap on cost-sharing payments under prescription drug plans and MA-PD plans. TITLE IV--REPEAL OF CERTAIN PRESCRIPTION DRUG REBATE RULE Sec. Temporary increase in Medicare part B payment for certain biosimilar biological products. Public Health Service Act requirements with respect to cost- sharing for insulin products. TITLE I--LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION SEC. ``(b) Definitions Relating to Timing.--For purposes of this part: ``(1) Initial price applicability year.--The term `initial price applicability year' means a year (beginning with 2025). ``(4) Negotiation period.--The term `negotiation period' means, with respect to an initial price applicability year with respect to a selected drug, the period-- ``(A) beginning on the sooner of-- ``(i) the date on which the manufacturer of the drug and the Secretary enter into an agreement under section 1193 with respect to such drug; or ``(ii) February 28 following the selected drug publication date with respect to such selected drug; and ``(B) ending on November 1 of the year that begins 2 years prior to the initial price applicability year. ``(2) Maximum fair price.--The term `maximum fair price' means, with respect to a year during a price applicability period and with respect to a selected drug (as defined in section 1192(c)) with respect to such period, the price published pursuant to section 1195 in the Federal Register for such drug and year. ``(3) Unit.--The term `unit' means, with respect to a drug or biological, the lowest identifiable amount (such as a capsule or tablet, milligram of molecules, or grams) of the drug or biological that is dispensed or furnished. The determination of a unit, with respect to a drug or biological, pursuant to this paragraph shall not be subject to administrative or judicial review. ``(4) Total expenditures.--The term `total expenditures' includes, in the case of expenditures with respect to part D of title XVIII, ingredient costs, dispensing fees, sales tax, and if applicable, vaccine administration fees. Subject to subsection (c)(2) and section 1194(f)(5), each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section 1194 for the negotiation period with respect to such initial price applicability year (and the renegotiation process under such section as applicable for any subsequent year during the applicable price applicability period). ``(2) High spend part d drugs for 2025 and 2026.--With respect to the initial price applicability year 2025 and with respect to the initial price applicability year 2026, the Secretary shall apply paragraph (1) as if the reference to `negotiation-eligible drugs described in subsection (d)(1)(A)' were a reference to `negotiation-eligible drugs described in subsection (d)(1)(A)(i)' and as if the reference to `total expenditures for such drugs under parts B and D of title XVIII' were a reference to `total expenditures for such drugs under part D of title XVIII'. ``(B) Insulin.--The qualifying single source drug is described in subsection (e)(1)(C). ``(ii) Part b drugs.--The total expenditures for the qualifying single source drug under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during 2021-- ``(I) are equal to or less than 1 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs covered under such part B during such year; and ``(II) are equal to at least 80 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs of the manufacturer that are covered under such part B during such year. ``(ii) Limitation.--A qualifying single source drug described in subparagraph (A) shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D- 14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(C) Drugs not included as small biotech drugs.-- The following shall not be considered a qualifying single source drug described in subparagraph (A): ``(i) A vaccine that is licensed under section 351 of the Public Health Service Act and is marketed pursuant to such section. ``(B) Use of data.--In determining whether a qualifying single source drug satisfies any of the criteria described in paragraph (1) or (2), the Secretary shall use data that is aggregated across dosage forms and strengths of the drug, including new formulations of the drug, such as an extended release formulation, and not based on the specific formulation or package size or package type of the drug. ``(B) Biological products.--A biological product-- ``(i) that is licensed under section 351(a) of the Public Health Service Act and is marketed under section 351 of such Act; ``(ii) for which, as of the selected drug publication date with respect to such initial price applicability year, at least 11 years will have elapsed since the date of such licensure; and ``(iii) that is not the reference product for any biological product that is licensed and marketed under section 351(k) of such Act. ``(C) Insulin product.--Any insulin product that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act and marketed pursuant to such approval or licensure, including any insulin product that has been deemed to be licensed under section 351 of the Public Health Service Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and is marketed pursuant to such section, regardless of whether such insulin product would be described in subparagraph (A) or (B). ``(2) Treatment of authorized generic drugs.-- ``(A) In general.--In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or the reference product (as defined in section 351(i) of the Public Health Service Act), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug. ``(3) Exclusions.--In this part, the term `qualifying single source drug' does not include any of the following: ``(A) Certain orphan drugs.--A drug that is designated as a drug for only one rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act and for which the only approved indication (or indications) is for such disease or condition. ``(f) No Administrative or Judicial Review of Determinations and Selections.--The determination of negotiation-eligible drugs under subsection (d) and the selection of drugs under this section are not subject to administrative or judicial review. MANUFACTURER AGREEMENTS. ``(b) Agreement in Effect Until Drug Is No Longer a Selected Drug.--An agreement entered into under this section shall be effective, with respect to a selected drug, until such drug is no longer considered a selected drug under section 1192(c). ``(c) Confidentiality of Information.--Information submitted to the Secretary under this part by a manufacturer of a selected drug that is proprietary information of such manufacturer (as determined by the Secretary) shall be used only by the Secretary or disclosed to and used by the Comptroller General of the United States or the Medicare Payment Advisory Commission for purposes of carrying out this part. ``(b) Negotiation Process Requirements.-- ``(1) Methodology and process.--The Secretary shall develop and use a consistent methodology and process, in accordance with paragraph (2), for negotiations under subsection (a) that aims to achieve the lowest maximum fair price for each selected drug. ``(2) Specific elements of negotiation process.--As part of the negotiation process under this section, with respect to a selected drug and the negotiation period with respect to the initial price applicability year with respect to such drug, the following shall apply: ``(A) Submission of information.--Not later than March 1 of the year of the selected drug publication date, with respect to the selected drug, the manufacturer of the drug shall submit to the Secretary, in accordance with section 1193(a)(4), the information described in such section. ``(B) Initial offer by secretary.--Not later than the June 1 following the selected drug publication date, the Secretary shall provide the manufacturer of a selected drug with a written initial offer that contains the Secretary's proposal for the maximum fair price of the drug and a list of the considerations described in section 1194(e) that were used in developing such offer. ``(C) Response to initial offer.-- ``(i) In general.--Not later than 30 days after the date of receipt of an initial offer under subparagraph (B), the manufacturer shall either accept such offer or propose a counteroffer to such offer. ``(G) Treatment of determination.--The establishment of a maximum fair price under this section is not subject to administrative or judicial review. ``(2) Applicable percent described.--For purposes of paragraph (1), the applicable percent described in this paragraph is the following: ``(A) Short-monopoly drugs.--With respect to a selected drug (other than a post-exclusivity drug and a long-monopoly drug), 75 percent. ``(B) Post-exclusivity drugs.--With respect to a post-exclusivity drug, 65 percent. ``(3) Post-exclusivity drug defined.-- ``(A) In general.--In this part, subject to subparagraph (B), the term `post-exclusivity drug' means, with respect to an initial price applicability year, a selected drug for which at least 12 years, but fewer than 16 years, have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable. ``(C) Clarification.--Nothing in subparagraph (B)(ii) shall limit the transition of a selected drug described in paragraph (2)(A) to a long-monopoly drug if the selected drug meets the definition of a long- monopoly drug. ``(4) Long-monopoly drug defined.-- ``(A) In general.--In this part, subject to subparagraph (B), the term `long-monopoly drug' means, with respect to an initial price applicability year, a selected drug for which at least 16 years have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable. ``(B) Exclusion.--The term `long-monopoly drug' shall not include a vaccine that is licensed under section 351 of the Public Health Service Act and marketed pursuant to such section. ``(B) Market data for the drug, including the distribution of sales across different programs and purchasers and projected future revenues for the drug. ``(B) Information on approval by the Food and Drug Administration of alternative drug products or biological products. ``(C) Information on comparative effectiveness analysis for such products, taking into consideration the effects of such products on specific populations, such as individuals with disabilities, the elderly, the terminally ill, children, and other patient populations. ``(f) Renegotiation Process.-- ``(1) In general.--In the case of a renegotiation-eligible drug (as defined in paragraph (2)) that is selected under paragraph (3), the Secretary shall provide for a process of renegotiation (for years (beginning with 2027) during the price applicability period, with respect to such drug) of the maximum fair price for such drug consistent with paragraph (4). ``(2) Renegotiation-eligible drug defined.--In this section, the term `renegotiation-eligible drug' means a selected drug that is any of the following: ``(A) Addition of new indication.--A selected drug for which a new indication is added to the drug. ``(B) Change of status to a post-exclusivity drug.--A selected drug that is described in section 1192(d)(1)(A) that-- ``(i) is not a post-exclusivity drug or a long-monopoly drug; and ``(ii) for which there is a change in status to that of a post-exclusivity drug. ``(C) Remaining drugs.--Among the remaining renegotiation-eligible drugs described in subparagraphs (A) and (D) of paragraph (2), the Secretary shall select renegotiation-eligible drugs for which the Secretary expects renegotiation is likely to result in a significant change in the maximum fair price otherwise negotiated. ``(4) Renegotiation process.--The Secretary shall specify the process for renegotiation of maximum fair prices with the manufacturer of a renegotiation-eligible drug selected for renegotiation under this subsection. ``(6) No administrative or judicial review.--The determination of renegotiation-eligible drugs under paragraph (2) and the selection of renegotiation-eligible drugs under paragraph (3) are not subject to administrative or judicial review. The Secretary shall request, from the manufacturer or others, all additional information needed to carry out the negotiation and renegotiation process under this section. ``(i) Implementation for 2025 and 2026.--Notwithstanding any other provision of this part, the Secretary shall implement this section for 2025 and 2026 by program instruction or otherwise. PUBLICATION OF MAXIMUM FAIR PRICES. ``(2) Prices negotiated after deadline.--In the case of a selected drug with respect to an initial price applicability year for which the maximum fair price is determined under this part after the date of publication under this section, the Secretary shall publish such maximum fair price in the Federal Register by not later than 30 days after the date such maximum price is so determined. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS. ``(a) Administrative Duties.-- ``(1) In general.--For purposes of section 1191, the administrative duties described in this section are the following: ``(A) The establishment of procedures to ensure that the maximum fair price for a selected drug is applied before-- ``(i) any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of maximum fair price eligible individuals; and ``(ii) any other discounts. ``(B) The establishment of procedures to compute and apply the maximum fair price across different strengths and dosage forms of a selected drug and not based on the specific formulation or package size or package type of the drug. ``(E) The establishment of an online portal which manufacturers shall be required to use to submit information described in section 1194(b)(2)(A). ``(2) Monitoring compliance.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under section 1193, including by establishing a mechanism through which violations of such terms shall be reported. ``(b) Violations of Certain Terms of Agreement.--Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a year during the price applicability period with respect to such drug, that is in violation of a requirement imposed pursuant to section 1193(a)(5), including the requirement to submit information pursuant to section 1193(a)(4), shall be subject to a civil monetary penalty equal to $1,000,000 for each day of such violation. ``(d) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this section in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. ( 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a year during such period'' after ``paragraph (4)''. ( B) Application under ma of cost-sharing for part b drugs based off of negotiated price.--Section 1852(a)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)(iv)) is amended-- (i) by redesignating subclause (VII) as subclause (VIII); and (ii) by inserting after subclause (VI) the following subclause: ``(VII) A drug or biological that is a selected drug (as referred to in section 1192(c)).''. ( E) Coverage of selected drugs.--Section 1860D- 4(b)(3) of the Social Security Act (42 U.S.C. 1395w- 104(b)(3)) is amended by adding at the end the following new subparagraph: ``(I) Required inclusion of selected drugs.--For 2025 and each subsequent year, the PDP sponsor offering a prescription drug plan shall include each covered part D drug that is a selected drug under section 1192 for which an agreement for such drug is in effect under section 1193 with respect to the year.''. (F) Information from prescription drug plans and ma-pd plans required.-- (i) Prescription drug plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1194(g).''. ( 2) Drug price negotiation program prices included in best price.--Section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. SELECTED DRUG MANUFACTURER EXCISE TAX IMPOSED DURING NONCOMPLIANCE PERIODS. ( Selected drugs during noncompliance periods. ``(b) Noncompliance Periods.--A day is described in this subsection with respect to a selected drug if it is a day during one of the following periods: ``(1) The period beginning on the March 1st immediately following the selected drug publication date and ending on the first date during which the manufacturer of the drug has in place an agreement described in subsection (a) of section 1193 of the Social Security Act with respect to such drug. ``(3) In the case of a selected drug with respect to which the Secretary of Health and Human Services has specified a renegotiation period under such agreement, the period beginning on the first date after the last date of such renegotiation period and ending on the first date during which the manufacturer of the drug has agreed to a renegotiated maximum fair price under such agreement. ``(d) Selected Drug.--For purposes of this section-- ``(1) In general.--The term `selected drug' means any selected drug (within the meaning of section 1192 of the Social Security Act) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. ``(2) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). ``(f) Anti-Abuse Rule.--In the case of a sale which was timed for the purpose of avoiding the tax imposed by this section, the Secretary may treat such sale as occurring during a day described in subsection (b).''. ( 2) Section 6416(b)(2) of such Code is amended by adding at the end the following: ``In the case of the tax imposed by section 4192, subparagraphs (B), (C), (D), and (E) shall not apply.''. ( TITLE II--PRESCRIPTION DRUG INFLATION REBATES SEC. MEDICARE PART B REBATE BY MANUFACTURERS. ( ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(B) Manufacturer requirement.--For each calendar quarter beginning on or after July 1, 2023, the manufacturer of a part B rebatable drug shall, for such drug, not later than 30 days after the date of receipt from the Secretary of the information described in subparagraph (A) for such calendar quarter, provide to the Secretary a rebate that is equal to the amount specified in paragraph (3) for such drug for such calendar quarter. ``(C) Rounding.--Any dollar amount determined under subparagraph (B) that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. ``(iii) Compute the sum of the billing units for each National Drug Code of such drug in clause (ii). ``(C) Determination of inflation-adjusted payment amount.--The inflation-adjusted payment amount determined under this subparagraph for a part B rebatable drug for a calendar quarter is-- ``(i) the payment amount for the billing and payment code for such drug in the payment amount benchmark quarter (as defined in subparagraph (D)); increased by ``(ii) the percentage by which the rebate period CPI-U (as defined in subparagraph (F)) for the calendar quarter exceeds the benchmark period CPI-U (as defined in subparagraph (E)). ``(F) Rebate period cpi-u.--The term `rebate period CPI-U' means, with respect to a calendar quarter described in subparagraph (C), the greater of the benchmark period CPI-U and the consumer price index for all urban consumers (United States city average) for the first month of the calendar quarter that is two calendar quarters prior to such described calendar quarter. ``(G) Exemption for shortages and severe supply chain disruptions.--The Secretary shall reduce or waive the amount under subparagraph (A) with respect to a part B rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of a biosimilar biological product, when the Secretary determines there are severe supply chain disruptions. ``(B) Timeline for provision of rebates for subsequently approved drugs.--In the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after March 1, 2021, paragraph (1)(B) shall be applied as if the reference to `July 1, 2023' under such paragraph were a reference to the later of the 6th full calendar quarter after the day on which the drug was first marketed or July 1, 2023. ``(6) Rebate deposits.--Amounts paid as rebates under paragraph (1)(B) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(7) Civil money penalty.--If a manufacturer of a part B rebatable drug has failed to comply with the requirements under paragraph (1)(B) for such drug for a calendar quarter, the manufacturer shall be subject to, in accordance with a process established by the Secretary pursuant to regulations, a civil money penalty in an amount equal to at least 125 percent of the amount specified in paragraph (3) for such drug for such calendar quarter. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ''; c) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by inserting ``subsection (h) or'' before ``section 1927''. (2) Excluding part b drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``or section 1847A(h)'' after ``this section''. ( 4) Excluding part b drug inflation rebates from average manufacturer price.--Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as previously amended, is further amended-- (A) in subclause (IV), by striking ``and''; (B) in subclause (V), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subclause: ``(VI) rebates paid by manufacturers under section 1847A(h); and''. ( (a) In General.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D-14A (42 U.S.C. 1395w-114a) the following new section: ``SEC. ``(a) Requirements.-- ``(1) Secretarial provision of information.--Not later than 9 months after the end of each applicable year (as defined in subsection (g)(7)), subject to paragraph (3), the Secretary shall, for each part D rebatable drug, report to each manufacturer of such part D rebatable drug the following for such year: ``(A) The amount (if any) of the excess annual manufacturer price increase described in subsection (b)(1)(A)(ii) for each dosage form and strength with respect to such drug and year. ``(3) Transition rule for reporting.--The Secretary may, for each rebatable covered part D drug, delay the timeframe for reporting the information and rebate amount described in subparagraphs (A) and (B) of such paragraph for the applicable year of 2023 until not later than September 30, 2025. ``(B) Excluded units.--For purposes of subparagraph (A)(i), the Secretary shall exclude from the total number of units for a dosage form and strength with respect to a part D rebatable drug, with respect to an applicable year, the following: ``(i) Units of each dosage form and strength of such part D rebatable drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A). ``(ii) Units of each dosage form and strength of such part D rebatable drug for which a rebate is paid under section 1847A(h). ``(3) Determination of inflation-adjusted payment amount.-- The inflation-adjusted payment amount determined under this paragraph for a dosage form and strength with respect to a part D rebatable drug for an applicable year, subject to paragraph (5), is-- ``(A) the benchmark year manufacturer price determined under paragraph (4) for such dosage form and strength with respect to such drug and year; increased by ``(B) the percentage by which the applicable year CPI-U (as defined in subsection (g)(5)) for the year exceeds the benchmark period CPI-U (as defined in subsection (g)(4)). ``(B) Treatment of new formulations.-- ``(i) In general.--In the case of a part D rebatable drug that is a line extension of a part D rebatable drug that is an oral solid dosage form, the Secretary shall establish a formula for determining the rebate amount under paragraph (1) and the inflation adjusted payment amount under paragraph (3) with respect to such part D rebatable drug and an applicable year, consistent with the formula applied under subsection (c)(2)(C) of section 1927 for determining a rebate obligation for a rebate period under such section. ``(ii) Line extension defined.--In this subparagraph, the term `line extension' means, with respect to a part D rebatable drug, a new formulation of the drug, such as an extended release formulation, but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation. Any identified underpayment shall be rectified by the manufacturer not later than 30 days after the date of receipt from the Secretary of information on such underpayment. ``(c) Rebate Deposits.--Amounts paid as rebates under subsection (b) shall be deposited into the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(e) Civil Money Penalty.--If a manufacturer of a part D rebatable drug has failed to comply with the requirement under subsection (a)(2) with respect to such drug for an applicable year, the manufacturer shall be subject to, in accordance with a process established by the Secretary pursuant to regulations, a civil money penalty in an amount equal to 125 percent of the amount specified in subsection (b) for such drug for such year. ``(2) The determination of whether a drug is a part D rebatable drug under this section. Any dollar amount specified under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(2) Unit.--The term `unit' means, with respect to a part D rebatable drug, the lowest dispensable amount (such as a capsule or tablet, milligram of molecules, or grams) of the part D rebatable drug, as reported under section 1927. ``(3) Payment amount benchmark year.--The term `payment amount benchmark year' means the year ending in the month immediately prior to October 1, 2021. 1395w-3a(c)(3)), as amended by section 201(c)(1), is further amended by striking ``subsection (h) or section 1927'' and inserting ``subsection (h), section 1927, or section 1860D-14B''. ( 3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section 201(c)(3), is further amended by striking ``or to carry out section 1847B'' and inserting ``or to carry out section 1847B or section 1860D-14B''. ( (c) Funding.--In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $12,500,000 for fiscal year 2022 and $7,500,000 for each of fiscal years 2023 through 2031, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. ''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii). ''; ( B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for each of years 2021 through 2023''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2024, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ''; c) Reduced Cost-Sharing; Beneficiary Premium Percentage.-- (1) Cost-sharing.-- (A) In general.--Section 1860D-2(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended-- (i) in the subparagraph header, by striking ``25 percent coinsurance'' and inserting ``Coinsurance''; (ii) in clause (i), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''; and (iii) in clause (ii), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''. (B) Conforming amendment.--Section 1860D- 14(a)(2)(D) of the Social Security Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended by inserting ``(or, for 2024 and each subsequent year, instead of coinsurance of `23 percent')'' after ``instead of coinsurance of `25 percent'''. ( 2) Beneficiary premium percentage.-- (A) In general.--Section 1860D-13(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-113(a)(3)(A)) is amended by inserting ``(or, for 2024 and each subsequent year, 23.5 percent)'' after ``25.5 percent''. ( (d) Manufacturer Discount Program.-- (1) In general.--Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 through 42 U.S.C. 1395w-153), as amended by section 202, is further amended by inserting after section 1860D-14B the following new sections: ``SEC. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2024. ``(C) Timing of agreement.-- ``(i) Special rule for 2024.--In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2024, and ending on December 31, 2024, the manufacturer shall enter into such agreement not later than 30 days after the date of the establishment of a model agreement under subsection (a). ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. ``(4) Length of agreement.-- ``(A) In general.--An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. ``(iii) Effectiveness of termination.--Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ``(B) Notification.--If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ``(3) Collection of data from prescription drug plans and ma-pd plans.--The Secretary may collect appropriate data from prescription drug plans and MA-PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. ``(d) Administration.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). ``(4) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. ``(5) Implementation.--The Secretary shall implement the program under this section for 2024 and 2025 by program instruction or otherwise. ``(2) Civil money penalty.-- ``(A) In general.--A manufacturer that fails to provide discounted prices for applicable drugs of the manufacturer dispensed to applicable beneficiaries in accordance with such agreement shall be subject to a civil money penalty for each such failure in an amount the Secretary determines is equal to the sum of-- ``(i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and ``(ii) 25 percent of such amount. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(B) Phase-in for certain drugs dispensed to lis beneficiaries.-- ``(i) In general.--In the case of an applicable drug of a specified manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary who is a subsidy eligible individual (as defined in section 1860D-14(a)(3)), the term `discounted price' means the specified LIS percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. ``(II) Specified drugs.-- ``(aa) In general.--For purposes of this clause, the term `specified drug' means, with respect to a specified manufacturer, for 2021, an applicable drug that is produced, prepared, propagated, compounded, converted, or processed by the manufacturer. ``(bb) Aggregation rule.-- All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this subparagraph. For purposes of making a determination pursuant to the previous sentence, an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the Secretary as necessary. ``(III) Limitation.--The term `specified manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(C) Phase-in for specified small manufacturers.-- ``(i) In general.--In the case of an applicable drug of a specified small manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary, the term `discounted price' means the specified small manufacturer percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. ``(II) Specified small manufacturer drugs.-- ``(aa) In general.--For purposes of this clause, the term `specified small manufacturer drugs' means, with respect to a specified small manufacturer, for 2021, an applicable drug that is produced, prepared, propagated, compounded, converted, or processed by the manufacturer. ``(bb) Aggregation rule.-- All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this subparagraph. For purposes of making a determination pursuant to the previous sentence, an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the Secretary as necessary. ``(D) Total expenditures.--For purposes of this paragraph, the term `total expenditures' includes, in the case of expenditures with respect to part D, ingredient costs, dispensing fees, sales tax, and, if applicable, vaccine administration fees. The term `total expenditures' excludes, in the case of expenditures with respect to part B, expenditures for a drug or biological that are bundled or packaged into the payment for another service. ``(E) Special case for certain claims.-- ``(i) Claims spanning deductible.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall above the annual deductible specified in section 1860D-2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls above such annual deductible. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (or any successor regulation) and, with respect to an applicable drug, such negotiated price shall include any dispensing fee and, if applicable, any vaccine administration fee for the applicable drug. 2) Sunset of medicare coverage gap discount program.-- Section 1860D-14A of the Social Security Act (42 U.S.C. 1395- 114a) is amended-- (A) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subsection (h), the Secretary''; and (B) by adding at the end the following new subsection: ``(h) Sunset of Program.-- ``(1) In general.--The program shall not apply with respect to applicable drugs dispensed on or after January 1, 2024, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. ``(2) Continued application for applicable drugs dispensed prior to sunset.--The provisions of this section (including all responsibilities and duties) shall continue to apply on and after January 1, 2024, with respect to applicable drugs dispensed prior to such date.''. ( e) Conforming Amendments.-- (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking ``the initial'' and inserting ``for a year preceding 2024, the initial''. ( 3) Section 1860D-14(a) of the Social Security Act (42 U.S.C. 4) Section 1860D-21(d)(7) of the Social Security Act (42 U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. ( 5) Section 1860D-22(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-132(a)(2)(A)) is amended-- (A) by striking ``the value of any discount'' and inserting the following: ``the value of-- ``(i) for years prior to 2024, any discount''; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) for 2024 and each subsequent year, any discount provided pursuant to section 1860D-14C.''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C. 1395w-151(a)(6)) is amended-- (A) by inserting ``for a year before 2024'' after ``1860D-2(b)(3)''; and (B) by inserting ``for such year'' before the period. ( ''; and (B) by striking subsection (b) and inserting the following: ``(b) Effective Date.--Paragraphs (1)(A), (2)(A), and (3)(A) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2024, and paragraphs (1)(B), (2)(B), and (3)(B) of such subsection shall apply to covered part D drugs dispensed under this part on or after January 1, 2024.''. ( f) Implementation for 2024 and 2025.--Notwithstanding any other provision of this section, the Secretary shall implement this section, including the amendments made by this section, for 2024 and 2025 by program instruction or otherwise. ( MAXIMUM MONTHLY CAP ON COST-SHARING PAYMENTS UNDER PRESCRIPTION DRUG PLANS AND MA-PD PLANS. ( ``(ii) Determination of maximum monthly cap.--For each month in the plan year for which an enrollee in a prescription drug plan or an MA-PD plan has made an election pursuant to clause (i), the PDP sponsor or MA organization shall determine a maximum monthly cap (as defined in clause (iv)) for such enrollee. ``(iii) Beneficiary monthly payments.--With respect to an enrollee who has made an election pursuant to clause (i), for each month described in clause (ii), the PDP sponsor or MA organization shall bill such enrollee an amount (not to exceed the maximum monthly cap) for the out-of-pocket costs of such enrollee in such month. ``(v) Additional requirements.--The following requirements shall apply with respect to the option to make an election pursuant to clause (i) under this subparagraph: ``(I) Secretarial responsibilities.--The Secretary shall provide information to part D eligible individuals on the option to make such election through educational materials, including through the notices provided under section 1804(a). ``(II) Timing of election.--An enrollee in a prescription drug plan or an MA-PD plan may make such an election-- ``(aa) prior to the beginning of the plan year; or ``(bb) in any month during the plan year. ``(IV) Failure to pay amount billed.--If an enrollee fails to pay the amount billed for a month as required under this subparagraph, the election of the enrollee pursuant to clause (i) shall be terminated and the enrollee shall pay the cost-sharing otherwise applicable for any covered part D drugs subsequently dispensed to the enrollee up to the annual out-of- pocket threshold specified in paragraph (4)(B). and (2) in paragraph (4)-- (A) in subparagraph (C), by striking ``in subparagraph (E)'' and inserting ``in subparagraph (E) and subject to subparagraph (F)''; and (B) by adding at the end the following new subparagraph: ``(F) Inclusion of costs paid under maximum monthly cap option.--In applying subparagraph (A), with respect to an enrollee who has made an election pursuant to clause (i) of paragraph (2)(E), costs shall be treated as incurred if such costs are paid by a PDP sponsor or an MA organization under the option provided under such paragraph.''. (b) Application to Alternative Prescription Drug Coverage.--Section 1860D-2(c) of the Social Security Act (42 U.S.C. 1395w-102(c)) is amended by adding at the end the following new paragraph: ``(4) Same maximum monthly cap on cost-sharing.--For plan years beginning on or after January 1, 2025, the maximum monthly cap on cost-sharing payments under the option provided under subsection (b)(2)(E) shall apply to such coverage.''. ( PROHIBITING IMPLEMENTATION OF RULE RELATING TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR PRESCRIPTION DRUG REBATES. Beginning January 1, 2026, the Secretary of Health and Human Services shall not implement, administer, or enforce the provisions of the final rule published by the Office of the Inspector General of the Department of Health and Human Services on November 30, 2020, and titled ``Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. TITLE V--MISCELLANEOUS SEC. ``(ii) Application of cost-sharing.-- ``(I) Plan year 2023.--For plan year 2023, the coverage provides benefits for such insulin products, regardless of whether an individual has reached the initial coverage limit under paragraph (3) or the out-of- pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ``(II) Plan year 2024 and subsequent plan years.--For plan year 2024 and subsequent plan years, the coverage provides benefits for such insulin products, prior to an individual reaching the out-of-pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ``(III) Applicable copayment amount.--For purposes of this clause, the term `applicable copayment amount' means, with respect to an insulin product under a prescription drug plan or an MA-PD plan, an amount that is not more than $35. and (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Treatment of cost-sharing for insulin products.--The coverage is provided in accordance with subsection (b)(8).''. ( 1395w-114(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D)(iii), by adding at the end the following new sentence: ``For plan year 2023 and subsequent plan years, the copayment amount applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled. ''; ''; and (B) in subparagraph (E), by adding at the end the following new sentence: ``For plan year 2023, the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''. ( c) Implementation.--The Secretary shall implement this section for plan years 2023 and 2024 by program instruction or otherwise. ``(ii) No application of coinsurance or any other cost-sharing.--There shall be no coinsurance or other cost-sharing under this part with respect to such vaccine, regardless of whether for costs below, at, or above the initial coverage limit under paragraph (3) or the out-of-pocket threshold under paragraph (4). ``(B) Adult vaccines recommended by the advisory committee on immunization practices.--For purposes of this paragraph, the term `adult vaccine recommended by the Advisory Committee on Immunization Practices' means a covered part D drug that is a vaccine licensed under section 351 of the Public Health Service Act for use by adult populations and administered in accordance with recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. ''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(5) Treatment of cost-sharing for adult vaccines recommended by the advisory committee on immunization practices.--The coverage is in accordance with subsection (b)(9).''. ( c) Rule of Construction.--Nothing in this section shall be construed as limiting coverage under part D of title XVIII of the Social Security Act for vaccines that are not recommended by the Advisory Committee on Immunization Practices. ( d) Implementation for 2024.--The Secretary shall implement this section, including the amendments made by this section, for 2024 by program instruction or otherwise. ``(ii) The amount determined under subsection (b)(1)(B) for the reference biological product.''. Section 1847A(b)(8) of the Social Security Act (42 U.S.C. ``(ii) Applicable 5-year period.--For purposes of clause (i), the applicable 5-year period for a qualifying biosimilar biological product is-- ``(I) in the case of such a product for which payment was made under this paragraph as of March 31, 2022, the 5- year period beginning on April 1, 2022; and ``(II) in the case of such a product for which payment is first made under this paragraph during a calendar quarter during the period beginning April 1, 2022, and ending March 31, 2027, the 5-year period beginning on the first day of such calendar quarter during which such payment is first made. IMPROVING ACCESS TO ADULT VACCINES UNDER MEDICAID AND CHIP. ( a) Medicaid.-- (1) Requiring coverage of adult vaccinations.-- (A) In general.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended in the matter preceding clause (i) by inserting ``(13)(B),'' after ``(5),''. ( B) Application to alternative cost-sharing.-- Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the end the following new clause: ``(xiv) Vaccines described in section 1905(a)(13)(B) and the administration of such vaccines.''. ( 3) Increased fmap for adult vaccines.--Section 1905(b) of the Social Security Act (42 U.S.C. 14', provides medical assistance for vaccines described in subsection (a)(13)(B) and their administration and prohibits cost-sharing for such vaccines, the Federal medical assistance percentage, as determined under this subsection and subsection (y), shall be increased by 1 percentage point with respect to medical assistance for such vaccines'' before the first period. ( b) CHIP.-- (1) Requiring coverage of adult vaccinations.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following paragraph: ``(12) Required coverage of approved, recommended adult vaccines and their administration.--Regardless of the type of coverage elected by a State under subsection (a), if the State child health plan or a waiver of such plan provides child health assistance or pregnancy-related assistance (as defined in section 2112) to an individual who is 19 years of age or older, such assistance shall include coverage of vaccines described in section 1905(a)(13)(B) and their administration.''. ( c) Effective Date.--The amendments made by this section take effect on the 1st day of the 1st fiscal quarter that begins on or after the date that is 1 year after the date of enactment of this Act and shall apply to expenditures made under a State plan or waiver of such plan under title XIX of the Social Security Act (42 U.S.C. 1396 through 1396w-6) or under a State child health plan or waiver of such plan under title XXI of such Act (42 U.S.C. 1397aa through 1397mm) on or after such effective date. ERISA REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS. ( ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan or health insurance issuer. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148) and continues to be marketed pursuant to such licensure. ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. ``(e) Application of Cost-Sharing Towards Deductibles and Out-of- Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage.''. ( a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-111 et seq.) ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan or health insurance issuer. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. ``(e) Application of Cost-Sharing Towards Deductibles and Out-of- Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage.''. ( c) Coverage of Certain Insulin Products Under Catastrophic Plans.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended by adding at the end the following: ``(4) Coverage of certain insulin products.-- ``(A) In general.--Notwithstanding paragraph (1)(B)(i), a health plan described in paragraph (1) shall provide coverage of selected insulin products, in accordance with section 2799A-11 of the Public Health Service Act, for a plan year before an enrolled individual has incurred cost-sharing expenses in an amount equal to the annual limitation in effect under subsection (c)(1) for the plan year. ``(B) Terminology.--For purposes of subparagraph (A)-- ``(i) the term `selected insulin products' has the meaning given such term in section 2799A-11(b) of the Public Health Service Act; and ``(ii) the requirements of section 2799A-11 of such Act shall be applied by deeming each reference in such section to `individual health insurance coverage' to be a reference to a plan described in paragraph (1).''. ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148) and continues to be marketed pursuant to such licensure. ``(e) Application of Cost-Sharing Towards Deductibles and Out-of- Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 100 is amended by adding at the end the following new item: ``Sec. Requirements with respect to cost-sharing for certain insulin products.''.

To provide for lower prices for drugs through drug price negotiation, and for other purposes. TITLE I--LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION Sec. Medicare part D rebate by manufacturers. TITLE III--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES Sec. TITLE V--MISCELLANEOUS Sec. Public Health Service Act requirements with respect to cost- sharing for insulin products. 1320e-3) the following new part: ``PART E--PRICE NEGOTIATION PROGRAM TO LOWER PRICES FOR CERTAIN HIGH- PRICED SINGLE SOURCE DRUGS ``SEC. ``(4) Negotiation period.--The term `negotiation period' means, with respect to an initial price applicability year with respect to a selected drug, the period-- ``(A) beginning on the sooner of-- ``(i) the date on which the manufacturer of the drug and the Secretary enter into an agreement under section 1193 with respect to such drug; or ``(ii) February 28 following the selected drug publication date with respect to such selected drug; and ``(B) ending on November 1 of the year that begins 2 years prior to the initial price applicability year. ``(2) Maximum fair price.--The term `maximum fair price' means, with respect to a year during a price applicability period and with respect to a selected drug (as defined in section 1192(c)) with respect to such period, the price published pursuant to section 1195 in the Federal Register for such drug and year. ``(4) Total expenditures.--The term `total expenditures' includes, in the case of expenditures with respect to part D of title XVIII, ingredient costs, dispensing fees, sales tax, and if applicable, vaccine administration fees. Subject to subsection (c)(2) and section 1194(f)(5), each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section 1194 for the negotiation period with respect to such initial price applicability year (and the renegotiation process under such section as applicable for any subsequent year during the applicable price applicability period). ``(2) High spend part d drugs for 2025 and 2026.--With respect to the initial price applicability year 2025 and with respect to the initial price applicability year 2026, the Secretary shall apply paragraph (1) as if the reference to `negotiation-eligible drugs described in subsection (d)(1)(A)' were a reference to `negotiation-eligible drugs described in subsection (d)(1)(A)(i)' and as if the reference to `total expenditures for such drugs under parts B and D of title XVIII' were a reference to `total expenditures for such drugs under part D of title XVIII'. ``(B) Insulin.--The qualifying single source drug is described in subsection (e)(1)(C). ``(ii) Part b drugs.--The total expenditures for the qualifying single source drug under part B of title XVIII, as determined by the Secretary in accordance with paragraph (3), during 2021-- ``(I) are equal to or less than 1 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs covered under such part B during such year; and ``(II) are equal to at least 80 percent of the total expenditures under such part B, as so determined, for all qualifying single source drugs of the manufacturer that are covered under such part B during such year. ``(ii) Limitation.--A qualifying single source drug described in subparagraph (A) shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D- 14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(B) Use of data.--In determining whether a qualifying single source drug satisfies any of the criteria described in paragraph (1) or (2), the Secretary shall use data that is aggregated across dosage forms and strengths of the drug, including new formulations of the drug, such as an extended release formulation, and not based on the specific formulation or package size or package type of the drug. ``(4) Publication.--Not later than the selected drug publication date with respect to an initial price applicability year, the Secretary shall publish in the Federal Register a list of negotiation-eligible drugs with respect to such selected drug publication date. ``(C) Insulin product.--Any insulin product that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act and marketed pursuant to such approval or licensure, including any insulin product that has been deemed to be licensed under section 351 of the Public Health Service Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and is marketed pursuant to such section, regardless of whether such insulin product would be described in subparagraph (A) or (B). ``(2) Treatment of authorized generic drugs.-- ``(A) In general.--In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or the reference product (as defined in section 351(i) of the Public Health Service Act), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug. ``(3) Exclusions.--In this part, the term `qualifying single source drug' does not include any of the following: ``(A) Certain orphan drugs.--A drug that is designated as a drug for only one rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act and for which the only approved indication (or indications) is for such disease or condition. ``(f) No Administrative or Judicial Review of Determinations and Selections.--The determination of negotiation-eligible drugs under subsection (d) and the selection of drugs under this section are not subject to administrative or judicial review. ``(b) Agreement in Effect Until Drug Is No Longer a Selected Drug.--An agreement entered into under this section shall be effective, with respect to a selected drug, until such drug is no longer considered a selected drug under section 1192(c). ``(c) Confidentiality of Information.--Information submitted to the Secretary under this part by a manufacturer of a selected drug that is proprietary information of such manufacturer (as determined by the Secretary) shall be used only by the Secretary or disclosed to and used by the Comptroller General of the United States or the Medicare Payment Advisory Commission for purposes of carrying out this part. ``(2) Specific elements of negotiation process.--As part of the negotiation process under this section, with respect to a selected drug and the negotiation period with respect to the initial price applicability year with respect to such drug, the following shall apply: ``(A) Submission of information.--Not later than March 1 of the year of the selected drug publication date, with respect to the selected drug, the manufacturer of the drug shall submit to the Secretary, in accordance with section 1193(a)(4), the information described in such section. ``(C) Response to initial offer.-- ``(i) In general.--Not later than 30 days after the date of receipt of an initial offer under subparagraph (B), the manufacturer shall either accept such offer or propose a counteroffer to such offer. ``(G) Treatment of determination.--The establishment of a maximum fair price under this section is not subject to administrative or judicial review. ``(2) Applicable percent described.--For purposes of paragraph (1), the applicable percent described in this paragraph is the following: ``(A) Short-monopoly drugs.--With respect to a selected drug (other than a post-exclusivity drug and a long-monopoly drug), 75 percent. ``(3) Post-exclusivity drug defined.-- ``(A) In general.--In this part, subject to subparagraph (B), the term `post-exclusivity drug' means, with respect to an initial price applicability year, a selected drug for which at least 12 years, but fewer than 16 years, have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable. ``(ii) A selected drug that had an agreement under this part with the Secretary prior to the initial price applicability year 2030. ``(4) Long-monopoly drug defined.-- ``(A) In general.--In this part, subject to subparagraph (B), the term `long-monopoly drug' means, with respect to an initial price applicability year, a selected drug for which at least 16 years have elapsed since the date of approval of such drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act or since the date of licensure of such drug under section 351(a) of the Public Health Service Act, as applicable. ``(B) Market data for the drug, including the distribution of sales across different programs and purchasers and projected future revenues for the drug. ``(F) National sales data for the drug. ``(2) Information on unmet medical needs and alternative treatments.--The following information, with respect to such selected drug: ``(A) The extent to which the drug represents a therapeutic advance as compared to existing therapeutic alternatives and, to the extent such information is available, the costs of such existing therapeutic alternatives. ``(f) Renegotiation Process.-- ``(1) In general.--In the case of a renegotiation-eligible drug (as defined in paragraph (2)) that is selected under paragraph (3), the Secretary shall provide for a process of renegotiation (for years (beginning with 2027) during the price applicability period, with respect to such drug) of the maximum fair price for such drug consistent with paragraph (4). ``(C) Change of status to a long-monopoly drug.--A selected drug that is described in section 1192(d)(1)(A) that-- ``(i) is not a long-monopoly drug; and ``(ii) for which there is a change in status to that of a long-monopoly drug. ``(C) Remaining drugs.--Among the remaining renegotiation-eligible drugs described in subparagraphs (A) and (D) of paragraph (2), the Secretary shall select renegotiation-eligible drugs for which the Secretary expects renegotiation is likely to result in a significant change in the maximum fair price otherwise negotiated. ``(6) No administrative or judicial review.--The determination of renegotiation-eligible drugs under paragraph (2) and the selection of renegotiation-eligible drugs under paragraph (3) are not subject to administrative or judicial review. The Secretary shall request, from the manufacturer or others, all additional information needed to carry out the negotiation and renegotiation process under this section. ``(2) Prices negotiated after deadline.--In the case of a selected drug with respect to an initial price applicability year for which the maximum fair price is determined under this part after the date of publication under this section, the Secretary shall publish such maximum fair price in the Federal Register by not later than 30 days after the date such maximum price is so determined. ``(a) Administrative Duties.-- ``(1) In general.--For purposes of section 1191, the administrative duties described in this section are the following: ``(A) The establishment of procedures to ensure that the maximum fair price for a selected drug is applied before-- ``(i) any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of maximum fair price eligible individuals; and ``(ii) any other discounts. ``(G) The establishment of an attestation and verification process for purposes of applying section 1192(d)(2)(B). ``(2) Monitoring compliance.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under section 1193, including by establishing a mechanism through which violations of such terms shall be reported. ``(b) Violations of Certain Terms of Agreement.--Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a year during the price applicability period with respect to such drug, that is in violation of a requirement imposed pursuant to section 1193(a)(5), including the requirement to submit information pursuant to section 1193(a)(4), shall be subject to a civil monetary penalty equal to $1,000,000 for each day of such violation. b) Application of Maximum Fair Prices and Conforming Amendments.-- (1) Under medicare.-- (A) Application to payments under part b.--Section 1847A(b)(1)(B) of the Social Security Act (42 U.S.C. 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a year during such period'' after ``paragraph (4)''. ( 1395w-111(i)) is amended-- (i) in paragraph (1), by striking ``and'' at the end; (ii) in paragraph (2), by striking ``or institute a price structure for the reimbursement of covered part D drugs'' and inserting ``for covered part D drugs; and''; and (iii) by adding at the end the following: ``(3) may not institute a price structure for the reimbursement of covered part D drugs, except as provided under part E of title XI.''. ( E) Coverage of selected drugs.--Section 1860D- 4(b)(3) of the Social Security Act (42 U.S.C. 1395w- 104(b)(3)) is amended by adding at the end the following new subparagraph: ``(I) Required inclusion of selected drugs.--For 2025 and each subsequent year, the PDP sponsor offering a prescription drug plan shall include each covered part D drug that is a selected drug under section 1192 for which an agreement for such drug is in effect under section 1193 with respect to the year.''. ( 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1194(g).''. ( ii) MA-PD plans.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w- 27(f)(3)) is amended by adding at the end the following new subparagraph: ``(E) Provision of information related to maximum fair prices.--Section 1860D-12(b)(8).''. ( ``(b) Noncompliance Periods.--A day is described in this subsection with respect to a selected drug if it is a day during one of the following periods: ``(1) The period beginning on the March 1st immediately following the selected drug publication date and ending on the first date during which the manufacturer of the drug has in place an agreement described in subsection (a) of section 1193 of the Social Security Act with respect to such drug. ``(3) In the case of a selected drug with respect to which the Secretary of Health and Human Services has specified a renegotiation period under such agreement, the period beginning on the first date after the last date of such renegotiation period and ending on the first date during which the manufacturer of the drug has agreed to a renegotiated maximum fair price under such agreement. ``(d) Selected Drug.--For purposes of this section-- ``(1) In general.--The term `selected drug' means any selected drug (within the meaning of section 1192 of the Social Security Act) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. 2) Section 6416(b)(2) of such Code is amended by adding at the end the following: ``In the case of the tax imposed by section 4192, subparagraphs (B), (C), (D), and (E) shall not apply.''. ( TITLE II--PRESCRIPTION DRUG INFLATION REBATES SEC. MEDICARE PART B REBATE BY MANUFACTURERS. ( ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(B) Manufacturer requirement.--For each calendar quarter beginning on or after July 1, 2023, the manufacturer of a part B rebatable drug shall, for such drug, not later than 30 days after the date of receipt from the Secretary of the information described in subparagraph (A) for such calendar quarter, provide to the Secretary a rebate that is equal to the amount specified in paragraph (3) for such drug for such calendar quarter. ``(C) Rounding.--Any dollar amount determined under subparagraph (B) that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. ``(iii) Compute the sum of the billing units for each National Drug Code of such drug in clause (ii). ``(F) Rebate period cpi-u.--The term `rebate period CPI-U' means, with respect to a calendar quarter described in subparagraph (C), the greater of the benchmark period CPI-U and the consumer price index for all urban consumers (United States city average) for the first month of the calendar quarter that is two calendar quarters prior to such described calendar quarter. ``(B) Timeline for provision of rebates for subsequently approved drugs.--In the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after March 1, 2021, paragraph (1)(B) shall be applied as if the reference to `July 1, 2023' under such paragraph were a reference to the later of the 6th full calendar quarter after the day on which the drug was first marketed or July 1, 2023. ``(6) Rebate deposits.--Amounts paid as rebates under paragraph (1)(B) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(7) Civil money penalty.--If a manufacturer of a part B rebatable drug has failed to comply with the requirements under paragraph (1)(B) for such drug for a calendar quarter, the manufacturer shall be subject to, in accordance with a process established by the Secretary pursuant to regulations, a civil money penalty in an amount equal to at least 125 percent of the amount specified in paragraph (3) for such drug for such calendar quarter. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ''; c) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by inserting ``subsection (h) or'' before ``section 1927''. ( 2) Excluding part b drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``or section 1847A(h)'' after ``this section''. ( 1396r-8(k)(1)(B)(i)), as previously amended, is further amended-- (A) in subclause (IV), by striking ``and''; (B) in subclause (V), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subclause: ``(VI) rebates paid by manufacturers under section 1847A(h); and''. ( ``(a) Requirements.-- ``(1) Secretarial provision of information.--Not later than 9 months after the end of each applicable year (as defined in subsection (g)(7)), subject to paragraph (3), the Secretary shall, for each part D rebatable drug, report to each manufacturer of such part D rebatable drug the following for such year: ``(A) The amount (if any) of the excess annual manufacturer price increase described in subsection (b)(1)(A)(ii) for each dosage form and strength with respect to such drug and year. ``(3) Transition rule for reporting.--The Secretary may, for each rebatable covered part D drug, delay the timeframe for reporting the information and rebate amount described in subparagraphs (A) and (B) of such paragraph for the applicable year of 2023 until not later than September 30, 2025. ``(ii) Units of each dosage form and strength of such part D rebatable drug for which a rebate is paid under section 1847A(h). ``(C) Exemption for shortages and severe supply chain disruptions.--The Secretary shall reduce or waive the amount under subparagraph (A) with respect to a part D rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of a generic drug, when the Secretary determines there are severe supply chain disruptions. ``(3) Determination of inflation-adjusted payment amount.-- The inflation-adjusted payment amount determined under this paragraph for a dosage form and strength with respect to a part D rebatable drug for an applicable year, subject to paragraph (5), is-- ``(A) the benchmark year manufacturer price determined under paragraph (4) for such dosage form and strength with respect to such drug and year; increased by ``(B) the percentage by which the applicable year CPI-U (as defined in subsection (g)(5)) for the year exceeds the benchmark period CPI-U (as defined in subsection (g)(4)). ``(B) Treatment of new formulations.-- ``(i) In general.--In the case of a part D rebatable drug that is a line extension of a part D rebatable drug that is an oral solid dosage form, the Secretary shall establish a formula for determining the rebate amount under paragraph (1) and the inflation adjusted payment amount under paragraph (3) with respect to such part D rebatable drug and an applicable year, consistent with the formula applied under subsection (c)(2)(C) of section 1927 for determining a rebate obligation for a rebate period under such section. ``(ii) Line extension defined.--In this subparagraph, the term `line extension' means, with respect to a part D rebatable drug, a new formulation of the drug, such as an extended release formulation, but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation. Any identified underpayment shall be rectified by the manufacturer not later than 30 days after the date of receipt from the Secretary of information on such underpayment. ``(d) Information.--For purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3) and information submitted by States under section 1927(b)(2)(A). Any dollar amount specified under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(5) Applicable year cpi-u.--The term `applicable year CPI-U' means, with respect to an applicable year, the consumer price index for all urban consumers (United States city average) for January of such year. ``(6) Average manufacturer price.--The term `average manufacturer price' has the meaning, with respect to a part D rebatable drug of a manufacturer, given such term in section 1927(k)(1), with respect to a covered outpatient drug of a manufacturer for a rebate period under section 1927. 3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section 201(c)(3), is further amended by striking ``or to carry out section 1847B'' and inserting ``or to carry out section 1847B or section 1860D-14B''. ( (c) Funding.--In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $12,500,000 for fiscal year 2022 and $7,500,000 for each of fiscal years 2023 through 2031, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. ''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii). ''; ( B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for each of years 2021 through 2023''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2024, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ''; (c) Reduced Cost-Sharing; Beneficiary Premium Percentage.-- (1) Cost-sharing.-- (A) In general.--Section 1860D-2(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended-- (i) in the subparagraph header, by striking ``25 percent coinsurance'' and inserting ``Coinsurance''; (ii) in clause (i), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''; and (iii) in clause (ii), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''. ( B) Conforming amendment.--Section 1860D- 14(a)(2)(D) of the Social Security Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended by inserting ``(or, for 2024 and each subsequent year, instead of coinsurance of `23 percent')'' after ``instead of coinsurance of `25 percent'''. ( ``(a) Establishment.--The Secretary shall establish a manufacturer discount program (in this section referred to as the `program'). ``(C) Timing of agreement.-- ``(i) Special rule for 2024.--In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2024, and ending on December 31, 2024, the manufacturer shall enter into such agreement not later than 30 days after the date of the establishment of a model agreement under subsection (a). ``(3) Compliance with requirements for administration of program.--Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ``(B) Notification.--If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ``(3) Contract with third parties.--The Secretary shall enter into a contract with 1 or more third parties to administer the requirements established by the Secretary in order to carry out this section. ``(4) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(B) Phase-in for certain drugs dispensed to lis beneficiaries.-- ``(i) In general.--In the case of an applicable drug of a specified manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary who is a subsidy eligible individual (as defined in section 1860D-14(a)(3)), the term `discounted price' means the specified LIS percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. ``(bb) Aggregation rule.-- All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as one manufacturer for purposes of this subparagraph. ``(III) Limitation.--The term `specified manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(C) Phase-in for specified small manufacturers.-- ``(i) In general.--In the case of an applicable drug of a specified small manufacturer (as defined in clause (ii)) that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary, the term `discounted price' means the specified small manufacturer percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. ``(II) Specified small manufacturer drugs.-- ``(aa) In general.--For purposes of this clause, the term `specified small manufacturer drugs' means, with respect to a specified small manufacturer, for 2021, an applicable drug that is produced, prepared, propagated, compounded, converted, or processed by the manufacturer. For purposes of making a determination pursuant to the previous sentence, an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the Secretary as necessary. ``(D) Total expenditures.--For purposes of this paragraph, the term `total expenditures' includes, in the case of expenditures with respect to part D, ingredient costs, dispensing fees, sales tax, and, if applicable, vaccine administration fees. The term `total expenditures' excludes, in the case of expenditures with respect to part B, expenditures for a drug or biological that are bundled or packaged into the payment for another service. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (or any successor regulation) and, with respect to an applicable drug, such negotiated price shall include any dispensing fee and, if applicable, any vaccine administration fee for the applicable drug. 2) Sunset of medicare coverage gap discount program.-- Section 1860D-14A of the Social Security Act (42 U.S.C. 1395- 114a) is amended-- (A) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subsection (h), the Secretary''; and (B) by adding at the end the following new subsection: ``(h) Sunset of Program.-- ``(1) In general.--The program shall not apply with respect to applicable drugs dispensed on or after January 1, 2024, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. ``(2) Continued application for applicable drugs dispensed prior to sunset.--The provisions of this section (including all responsibilities and duties) shall continue to apply on and after January 1, 2024, with respect to applicable drugs dispensed prior to such date.''. ( 2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking ``the initial'' and inserting ``for a year preceding 2024, the initial''. ( 3) Section 1860D-14(a) of the Social Security Act (42 U.S.C. 4) Section 1860D-21(d)(7) of the Social Security Act (42 U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. ( 6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C. 1395w-151(a)(6)) is amended-- (A) by inserting ``for a year before 2024'' after ``1860D-2(b)(3)''; and (B) by inserting ``for such year'' before the period. ( 8) Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended-- (A) in subsection (c)(1)(C)(i)(VI), by inserting before the period at the end the following: ``or under the manufacturer discount program under section 1860D- 14C''; and (B) in subsection (k)(1)(B)(i)(V), by inserting before the period at the end the following: ``or under section 1860D-14C''. ( f) Implementation for 2024 and 2025.--Notwithstanding any other provision of this section, the Secretary shall implement this section, including the amendments made by this section, for 2024 and 2025 by program instruction or otherwise. (g) Funding.--In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $44,000,000 for fiscal year 2022, $38,000,000 for fiscal year 2023, and $32,000,000 for each of fiscal years 2024 through 2031, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. ``(ii) Determination of maximum monthly cap.--For each month in the plan year for which an enrollee in a prescription drug plan or an MA-PD plan has made an election pursuant to clause (i), the PDP sponsor or MA organization shall determine a maximum monthly cap (as defined in clause (iv)) for such enrollee. ``(v) Additional requirements.--The following requirements shall apply with respect to the option to make an election pursuant to clause (i) under this subparagraph: ``(I) Secretarial responsibilities.--The Secretary shall provide information to part D eligible individuals on the option to make such election through educational materials, including through the notices provided under section 1804(a). ``(II) Timing of election.--An enrollee in a prescription drug plan or an MA-PD plan may make such an election-- ``(aa) prior to the beginning of the plan year; or ``(bb) in any month during the plan year. ``(IV) Failure to pay amount billed.--If an enrollee fails to pay the amount billed for a month as required under this subparagraph, the election of the enrollee pursuant to clause (i) shall be terminated and the enrollee shall pay the cost-sharing otherwise applicable for any covered part D drugs subsequently dispensed to the enrollee up to the annual out-of- pocket threshold specified in paragraph (4)(B). ``(V) Clarification regarding past due amounts.--Nothing in this subparagraph shall be construed as prohibiting a PDP sponsor or an MA organization from billing an enrollee for an amount owed under this subparagraph. ''; and (2) in paragraph (4)-- (A) in subparagraph (C), by striking ``in subparagraph (E)'' and inserting ``in subparagraph (E) and subject to subparagraph (F)''; and (B) by adding at the end the following new subparagraph: ``(F) Inclusion of costs paid under maximum monthly cap option.--In applying subparagraph (A), with respect to an enrollee who has made an election pursuant to clause (i) of paragraph (2)(E), costs shall be treated as incurred if such costs are paid by a PDP sponsor or an MA organization under the option provided under such paragraph.''. ( Beginning January 1, 2026, the Secretary of Health and Human Services shall not implement, administer, or enforce the provisions of the final rule published by the Office of the Inspector General of the Department of Health and Human Services on November 30, 2020, and titled ``Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. ``(ii) Application of cost-sharing.-- ``(I) Plan year 2023.--For plan year 2023, the coverage provides benefits for such insulin products, regardless of whether an individual has reached the initial coverage limit under paragraph (3) or the out-of- pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ``(II) Plan year 2024 and subsequent plan years.--For plan year 2024 and subsequent plan years, the coverage provides benefits for such insulin products, prior to an individual reaching the out-of-pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ``(B) Insulin product.--For purposes of this paragraph, the term `insulin product' means an insulin product that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act and marketed pursuant to such approval or licensure, including any insulin product that has been deemed to be licensed under section 351 of the Public Health Service Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and marketed pursuant to such section. ''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Treatment of cost-sharing for insulin products.--The coverage is provided in accordance with subsection (b)(8).''. ( ''; and (B) in subparagraph (E), by adding at the end the following new sentence: ``For plan year 2023, the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''. ( c) Implementation.--The Secretary shall implement this section for plan years 2023 and 2024 by program instruction or otherwise. ``(B) Adult vaccines recommended by the advisory committee on immunization practices.--For purposes of this paragraph, the term `adult vaccine recommended by the Advisory Committee on Immunization Practices' means a covered part D drug that is a vaccine licensed under section 351 of the Public Health Service Act for use by adult populations and administered in accordance with recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. ''; c) Rule of Construction.--Nothing in this section shall be construed as limiting coverage under part D of title XVIII of the Social Security Act for vaccines that are not recommended by the Advisory Committee on Immunization Practices. ( ``(ii) The amount determined under subsection (b)(1)(B) for the reference biological product.''. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT FOR CERTAIN BIOSIMILAR BIOLOGICAL PRODUCTS. ``(ii) Applicable 5-year period.--For purposes of clause (i), the applicable 5-year period for a qualifying biosimilar biological product is-- ``(I) in the case of such a product for which payment was made under this paragraph as of March 31, 2022, the 5- year period beginning on April 1, 2022; and ``(II) in the case of such a product for which payment is first made under this paragraph during a calendar quarter during the period beginning April 1, 2022, and ending March 31, 2027, the 5-year period beginning on the first day of such calendar quarter during which such payment is first made. a) Medicaid.-- (1) Requiring coverage of adult vaccinations.-- (A) In general.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended in the matter preceding clause (i) by inserting ``(13)(B),'' after ``(5),''. ( B) Application to alternative cost-sharing.-- Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the end the following new clause: ``(xiv) Vaccines described in section 1905(a)(13)(B) and the administration of such vaccines.''. ( 14', provides medical assistance for vaccines described in subsection (a)(13)(B) and their administration and prohibits cost-sharing for such vaccines, the Federal medical assistance percentage, as determined under this subsection and subsection (y), shall be increased by 1 percentage point with respect to medical assistance for such vaccines'' before the first period. ( c) Effective Date.--The amendments made by this section take effect on the 1st day of the 1st fiscal quarter that begins on or after the date that is 1 year after the date of enactment of this Act and shall apply to expenditures made under a State plan or waiver of such plan under title XIX of the Social Security Act (42 U.S.C. 1396 through 1396w-6) or under a State child health plan or waiver of such plan under title XXI of such Act (42 U.S.C. 1397aa through 1397mm) on or after such effective date. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148) and continues to be marketed pursuant to such licensure. ``(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-111 et seq.) ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan or health insurance issuer. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. 18022(d)(2)) is amended by adding at the end the following new subparagraph: ``(D) Special rule relating to insulin coverage.-- The exemption of coverage of selected insulin products (as defined in section 2799A-11(b) of the Public Health Service Act) from the application of any deductible pursuant to section 2799A-11(a)(1) of such Act, section 726(a)(1) of the Employee Retirement Income Security Act of 1974, or section 9826(a)(1) of the Internal Revenue Code of 1986 shall not be considered when determining the actuarial value of a qualified health plan under this subsection.''. ( ``(B) Terminology.--For purposes of subparagraph (A)-- ``(i) the term `selected insulin products' has the meaning given such term in section 2799A-11(b) of the Public Health Service Act; and ``(ii) the requirements of section 2799A-11 of such Act shall be applied by deeming each reference in such section to `individual health insurance coverage' to be a reference to a plan described in paragraph (1).''. ``(b) Definitions.--In this section: ``(1) Selected insulin products.--The term `selected insulin products' means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long- acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan. ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148) and continues to be marketed pursuant to such licensure. ``(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. ``(e) Application of Cost-Sharing Towards Deductibles and Out-of- Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan.''. (

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(ii) Limitation.--A qualifying single source drug described in subparagraph (A) shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D- 14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. 1395w- 104(b)(3)) is amended by adding at the end the following new subparagraph: ``(I) Required inclusion of selected drugs.--For 2025 and each subsequent year, the PDP sponsor offering a prescription drug plan shall include each covered part D drug that is a selected drug under section 1192 for which an agreement for such drug is in effect under section 1193 with respect to the year.''. ( 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1194(g).''. ( ''; ( (c) Reduced Cost-Sharing; Beneficiary Premium Percentage.-- (1) Cost-sharing.-- (A) In general.--Section 1860D-2(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended-- (i) in the subparagraph header, by striking ``25 percent coinsurance'' and inserting ``Coinsurance''; (ii) in clause (i), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''; and (iii) in clause (ii), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''. ( ``(ii) Application of cost-sharing.-- ``(I) Plan year 2023.--For plan year 2023, the coverage provides benefits for such insulin products, regardless of whether an individual has reached the initial coverage limit under paragraph (3) or the out-of- pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ( ''; and (B) in subparagraph (E), by adding at the end the following new sentence: ``For plan year 2023, the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''. ( ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. (

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(2) Treatment of authorized generic drugs.-- ``(A) In general.--In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or the reference product (as defined in section 351(i) of the Public Health Service Act), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug. ``(c) Confidentiality of Information.--Information submitted to the Secretary under this part by a manufacturer of a selected drug that is proprietary information of such manufacturer (as determined by the Secretary) shall be used only by the Secretary or disclosed to and used by the Comptroller General of the United States or the Medicare Payment Advisory Commission for purposes of carrying out this part. 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a year during such period'' after ``paragraph (4)''. ( ( 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1194(g).''. ( ``(ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2024. ``(III) Limitation.--The term `specified manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(ii) No application of coinsurance or any other cost-sharing.--There shall be no coinsurance or other cost-sharing under this part with respect to such vaccine, regardless of whether for costs below, at, or above the initial coverage limit under paragraph (3) or the out-of-pocket threshold under paragraph (4). ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider.

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(ii) Limitation.--A qualifying single source drug described in subparagraph (A) shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D- 14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. 1395w- 104(b)(3)) is amended by adding at the end the following new subparagraph: ``(I) Required inclusion of selected drugs.--For 2025 and each subsequent year, the PDP sponsor offering a prescription drug plan shall include each covered part D drug that is a selected drug under section 1192 for which an agreement for such drug is in effect under section 1193 with respect to the year.''. ( 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1194(g).''. ( ''; ( (c) Reduced Cost-Sharing; Beneficiary Premium Percentage.-- (1) Cost-sharing.-- (A) In general.--Section 1860D-2(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended-- (i) in the subparagraph header, by striking ``25 percent coinsurance'' and inserting ``Coinsurance''; (ii) in clause (i), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''; and (iii) in clause (ii), by inserting ``(or, for 2024 and each subsequent year, 23 percent)'' after ``25 percent''. ( ``(ii) Application of cost-sharing.-- ``(I) Plan year 2023.--For plan year 2023, the coverage provides benefits for such insulin products, regardless of whether an individual has reached the initial coverage limit under paragraph (3) or the out-of- pocket threshold under paragraph (4), with cost-sharing that is equal to the applicable copayment amount. ( ''; and (B) in subparagraph (E), by adding at the end the following new sentence: ``For plan year 2023, the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''. ( ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. (

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(2) Treatment of authorized generic drugs.-- ``(A) In general.--In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or the reference product (as defined in section 351(i) of the Public Health Service Act), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug. ``(c) Confidentiality of Information.--Information submitted to the Secretary under this part by a manufacturer of a selected drug that is proprietary information of such manufacturer (as determined by the Secretary) shall be used only by the Secretary or disclosed to and used by the Comptroller General of the United States or the Medicare Payment Advisory Commission for purposes of carrying out this part. 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a year during such period'' after ``paragraph (4)''. ( ( 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1194(g).''. ( ``(ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2024. ``(III) Limitation.--The term `specified manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(ii) No application of coinsurance or any other cost-sharing.--There shall be no coinsurance or other cost-sharing under this part with respect to such vaccine, regardless of whether for costs below, at, or above the initial coverage limit under paragraph (3) or the out-of-pocket threshold under paragraph (4). ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider.

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(ii) Limitation.--A qualifying single source drug described in subparagraph (A) shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D- 14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ( ''; and (B) in subparagraph (E), by adding at the end the following new sentence: ``For plan year 2023, the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''. ( ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. (

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(2) Treatment of authorized generic drugs.-- ``(A) In general.--In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or the reference product (as defined in section 351(i) of the Public Health Service Act), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug. 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a year during such period'' after ``paragraph (4)''. ( ( ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2024. ``(III) Limitation.--The term `specified manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider.

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(ii) Limitation.--A qualifying single source drug described in subparagraph (A) shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after 2021 by another manufacturer that does not meet the definition of a specified manufacturer under section 1860D- 14C(g)(4)(B)(ii), effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ( ''; and (B) in subparagraph (E), by adding at the end the following new sentence: ``For plan year 2023, the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product (as defined in section 1860D-2(b)(8)(B)) furnished to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA-PD plan in which the individual is enrolled.''. ( ``(2) Insulin defined.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. (

To provide for lower prices for drugs through drug price negotiation, and for other purposes. ``(2) Treatment of authorized generic drugs.-- ``(A) In general.--In the case of a qualifying single source drug described in subparagraph (A) or (B) of paragraph (1) that is the listed drug (as such term is used in section 505(j) of the Federal Food, Drug, and Cosmetic Act) or the reference product (as defined in section 351(i) of the Public Health Service Act), with respect to an authorized generic drug, in applying the provisions of this part, such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug. 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as referred to in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a year during such period'' after ``paragraph (4)''. ( ( ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2024. ``(III) Limitation.--The term `specified manufacturer' shall not include a manufacturer described in subclause (I) if such manufacturer is acquired after 2021 by another manufacturer that is not a specified manufacturer, effective at the beginning of the plan year immediately following such acquisition or, in the case of an acquisition before 2024, effective January 1, 2024. ``(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider.

This bill modifies provisions related to the prices of prescription drugs under Medicare, Medicaid, and private health insurance. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to (1) negotiate prices for drugs through drug price negotiation, and (2) establish a maximum monthly cap on cost-sharing payments under prescription drug plans and MA-PD plans. The bill also repeals certain drug manufacturer excise taxes imposed during noncompliance periods.

This bill addresses the prices of prescription drugs, including by (1) requiring drug manufacturers to negotiate prices with the Department of Health and Human Services (HHS), (2) requiring the Centers for Medicare & Medicaid Services (CMS), and (3) providing for coverage of vaccines recommended by the Advisory Committee on Immunization Practices under Medicaid and the Children's Health Insurance Program (CHIP).

This bill modifies coverage of vaccines under Medicare. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to cover vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) under the Part D vaccine program. The ACIP is a federal advisory committee that advises the CMS on vaccine safety and efficacy. The bill also requires the CMS to establish a process for the selection of vaccines for coverage under the program. Additionally, the CMS must establish an expedited process for drug manufacturers to enter into agreements with the FDA to submit to the ACIP a list of vaccines that are eligible for coverage

This bill expands coverage of vaccines under Medicare. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to cover vaccines recommended by the Advisory Committee on Immunization Practices (ACIP). The ACIP is an independent federal advisory panel that advises the CMS on vaccine recommendations. The bill also requires the CMS to (1) negotiate prices for vaccines, and (2) make payments for biosimilars of vaccines.

This bill modifies the Medicare payment process for biosimilar biological products and rebatable drugs. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to (1) determine whether a drug is a biosimilar or rebatable drug, (2) establish a process for the selection of biosimilars, and (3) establish minimum prices for such drugs. The CMS must also determine the maximum price of biosimilar drugs and rebate amounts for rebates, including the amount of the excess average sales price increase for each drug and calendar quarter. The bill also requires the CMS to publish the maximum prices

This bill modifies provisions related to Medicare coverage of biosimilar biological products. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to (1) establish a benchmark price for biosimilars (i.e., biosimilar products that are identical to a brand-name drug or biological product; and (2) require the CMS to determine the initial price applicable to a biosimilar during the initial period of coverage. The CMS must also establish a formula for calculating the benchmark price, including the amount of the excess average sales price increase for each drug and calendar quarter. The bill also requires the

This bill modifies provisions related to Medicare prescription drug plans (PDPs) and Medicaid coverage of drugs. Specifically, the bill requires PDPs to include in their coverage a drug that is covered by an agreement to negotiate the price of the drug with a specified manufacturer (i.e., a manufacturer that meets specified criteria). The bill also requires the Department of Health and Human Services (HHS) to enter into a contract with a PDP sponsor to negotiate drug prices with the manufacturer. HHS may enter into such a contract only if HHS determines that the negotiated price is at least 50% of the manufacturer's fair market

This bill requires the Centers for Medicare & Medicaid Services (CMS) to negotiate the prices of certain drugs and biologics under Medicare. Specifically, the CMS must negotiate prices with specified manufacturers (i.e., the manufacturers of the drugs or biologicals covered by the bill) for specified drugs and biologicals that are dispensed to Medicare beneficiaries on or after January 1, 2024. The CMS must also negotiate prices for specified insulin products that are delivered by out-of-network providers.

To provide for lower prices for drugs through drug price negotiation,                 TITLE I--LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION,                                                 (a) (b) (c) (d) (e) (f) (g) (h) (i) (ii) (j) (iii) (iv) (v) (w) (vi) (ix) (x) (y) (z) (a) Short Title.--This Act may be cited as the ``Make Medicine                

Families

To provide support and assistance to unborn children, pregnant women, parents, and families. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Providing for Life Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent extension and modification of special rules for child tax credit. Sec. 3. Treatment of unborn children. Sec. 4. Denial of deduction for State and local taxes of individuals. Sec. 5. Refundable adoption tax credit. Sec. 6. Parental leave benefits. Sec. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program. Sec. 8. Workforce development programs for non-custodial parents. Sec. 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery. Sec. 10. Pregnant students' rights, accommodations, and resources. Sec. 11. Grants for community-based maternal mentoring programs. Sec. 12. Equal treatment for religious organizations in social services. Sec. 13. Awareness for expecting mothers. Sec. 14. WIC reform. Sec. 15. Pregnancy resource centers. SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF SPECIAL RULES FOR CHILD TAX CREDIT. (a) In General.--Section 24 of the Internal Revenue Code of 1986 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $3,500 for each qualifying child of the taxpayer ($4,500 in the case of a qualifying child who has not attained age 6 as of the close of the calendar year in which the taxable year of the taxpayer begins), and ``(2) in the case of any taxable year beginning before January 1, 2026, $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). For purposes of the preceding sentence, the term ``modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, ``(B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ``(2) Qualifying dependent.--The term `qualifying dependent' means any dependent of the taxpayer (as defined in section 152 without regard to all that follows `resident of the United States' in section 152(b)(3)(A)) whose name and TIN are included on the taxpayer's return of tax for the taxable year. ``(3) Social security number defined.--For purposes of this subsection, the term `social security number' means, with respect to a return of tax, a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued-- ``(A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and ``(B) on or before the due date of filing such return.''. (b) Portion of Credit Refundable.--Section 24(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) the credit which would be allowed under this section determined-- ``(i) without regard to subsection (a)(2), and ``(ii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or'', and (2) in subparagraph (B), by striking ``15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000'' and inserting ``15.3 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income''. (c) Conforming Amendments.-- (1) Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Taxpayer Identification Requirement.--No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year.''. (2) Section 24 of such Code is amended by striking subsection (h). (d) Repeal of Certain Later Enacted Provisions.-- (1) Section 24 of the Internal Revenue Code of 1986 is amended by striking subsections (i), (j), and (k). (2) Chapter 77 of such Code is amended by striking section 7527A (and by striking the item relating to section 7527A in the table of sections for such chapter). (3) Section 26(b)(2) of such Code is amended by inserting ``and'' at the end of subparagraph (X), by striking ``, and'' at the end of subparagraph (Y) and inserting a period, and by striking subparagraph (Z). (4) Section 3402(f)(1)(C) of such Code is amended by striking ``section 24 (determined after application of subsection (j) thereof)'' and inserting ``section 24(a)''. (5) Section 6211(b)(4)(A) of such Code is amended-- (A) by striking ``24 by reason of subsections (d) and (i)(1) thereof'' and inserting ``24(d)'', and (B) by striking ``6428B, and 7527A'' and inserting ``and 6428B''. (6) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``6431, or 7527A'' and inserting ``or 6431''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. TREATMENT OF UNBORN CHILDREN. (a) In General.--Section 24 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new subsection: ``(i) Credit Allowed With Respect to Unborn Children.--For purposes of this section-- ``(1) In general.--The term `qualifying child' includes an unborn child of an eligible taxpayer, and the requirements of subsection (c)(1)(C) shall be treated as met with respect to such child, for the taxable year immediately preceding the year in which such child is born alive, if the taxpayer includes on the return of tax for such taxable year a social security number for such child which is issued before the due date for such return of tax (without regard to extensions). ``(2) Retroactive or double credit allowed in certain cases to ensure equal access to the credit for unborn children.-- ``(A) In general.--In the case of a qualifying child of an eligible taxpayer who is born alive and with respect to whom the credit under this section is not claimed under paragraph (1) for the taxable year described in such paragraph, for the taxable year in which the child is born alive, with respect to such child-- ``(i) the amount of the credit allowed (before the application of this subsection) under subsection (a), and ``(ii) the amount of the credit allowed (before the application of this subsection) under subsection (d)(1), shall each be increased by the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the taxpayer for such preceding year. ``(B) Special rule for splitting of credit.--In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive-- ``(i) subparagraph (A) shall not apply with respect to such child, ``(ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of-- ``(I) the eligible taxpayer, and ``(II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and ``(iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. ``(3) Definitions.--For purposes of this subsection-- ``(A) Born alive.--The term `born alive' has the meaning given such term by section 8(b) of title 1, United States Code. ``(B) Eligible taxpayer.--The term `eligible taxpayer' means a taxpayer who-- ``(i) with respect to a child, is the mother who-- ``(I) carries or carried such child in the womb, and ``(II) is the biological mother of such child or initiated the pregnancy with the intention of bearing and retaining custody of and parental rights to such child (or acted to such effect), or ``(ii) in the case of a joint return, is the husband of such mother, but only if such taxpayer includes on the return of tax for the taxable year the social security number of such taxpayer (of at least 1 of such mother or husband, in the case of a joint return). ``(C) Social security number.--The term `social security number' has the meaning given such term by subsection (c)(3). ``(D) Unborn child.--The term `unborn child' means an individual of the species homo sapiens, from the beginning of the biological development of that individual, including fertilization, until the point of the earlier of being born alive or death.''. (b) Effective Date.--The amendment made by this section shall apply to children born alive in taxable years beginning after December 31, 2021. SEC. 4. DENIAL OF DEDUCTION FOR STATE AND LOCAL TAXES OF INDIVIDUALS. (a) In General.--Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Limitation on deduction of certain taxes for individuals.-- ``(A) In general.--In the case of an individual, no deduction shall be allowed for taxes-- ``(i) described in paragraphs (1), (2), or (3) of subsection (a), or ``(ii) described in paragraph (5) of this subsection. ``(B) Exceptions.--Subparagraph (A) shall not apply to-- ``(i) any foreign taxes described in subsection (a)(3), or ``(ii) any taxes described in paragraph (1) and (2) of subsection (a) which are paid or accrued in carrying on a trade or business or an activity described in section 212. ``(C) Special rule.--For purposes of subparagraph (A), an amount paid in a taxable year beginning before January 1, 2022, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2021, shall be treated as paid on the last day of the taxable year for which such tax is so imposed.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 5. REFUNDABLE ADOPTION TAX CREDIT. (a) Credit Made Refundable.-- (1) Credit moved to subpart relating to refundable credits.--The Internal Revenue Code of 1986 is amended-- (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Conforming amendments.-- (A) Section 25(e)(1)(C) of such Code is amended by striking ``sections 23 and 25D'' and inserting ``section 25D''. (B) Section 36C of such Code, as so redesignated, is amended-- (i) in subsection (b)(2)(A), by striking ``(determined without regard to subsection (c))'', (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (C) Section 137 of such Code is amended-- (i) in subsection (d), by striking ``section 23(d)'' and inserting ``section 36C(c)'', and (ii) in subsection (e), by striking ``subsections (e), (f), and (g) of section 23'' and inserting ``subsections (d), (e), and (f) of section 36C''. (D) Section 1016(a)(26) of such Code is amended by striking ``23(g)'' and inserting ``36C(f)''. (E) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23. (G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (H) Paragraph (33) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended by striking ``section 23'' and inserting ``section 36C''. (I) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Adoption expenses.''. (b) Third-Party Affidavits.--Section 36C(h) of the Internal Revenue Code of 1986, as redesignated and moved by subsection (a), is amended-- (1) by striking ``such regulations'' and inserting ``such regulations and guidance'', (2) by striking ``including regulations which treat'' and inserting ``including regulations and guidance which-- ``(1) treat'', (3) by striking the period at the end and inserting ``, and'', and (4) by adding at the end the following: ``(2) provide for a standardized third-party affidavit for purposes of verifying a legal adoption-- ``(A) of a type with respect to which qualified adoption expenses may be paid or incurred, or ``(B) involving a child with special needs for purposes of subsection (a)(3).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (d) Transitional Rule To Treat Carryforward as Refundable Credit.-- In the case of any excess described in section 23(c) of the Internal Revenue Code of 1986 with respect to any taxpayer for the taxable year which precedes the first taxable year to which the amendments made by this section apply, such excess shall be added to the credit allowable under section 36C(a) of such Code with respect to such taxpayer for such first taxable year. SEC. 6. PARENTAL LEAVE BENEFITS. (a) In General.--Title II of the Social Security Act is amended by inserting after section 218 the following: ``SEC. 219. PARENTAL LEAVE BENEFITS. ``(a) In General.--Every individual-- ``(1) who has-- ``(A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or ``(B) not less than 12 quarters of coverage; and ``(2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. ``(b) Benefit Amount.--Such individual's parental leave benefit shall be an amount equal to the product of-- ``(1) the number of benefit months (not to exceed 3) selected by the individual in the individual's application for a parental leave benefit, multiplied by ``(2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if-- ``(A) the individual had attained age 62 in the first month of the individual's benefit period; and ``(B) the individual had become entitled to an old- age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. ``(c) Payment of Benefit.-- ``(1) Selection of number of benefit months.--In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as `benefit months'). ``(2) Election of benefit months.--Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. ``(3) Amount of monthly payment.--The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to-- ``(A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by ``(B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. ``(4) Definition of benefit period.--For purposes of this section, the term `benefit period' means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs. ``(d) Benefit Application.-- ``(1) In general.--The Commissioner shall ensure that the application for a parental leave benefit-- ``(A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that-- ``(i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; ``(ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; ``(iii) entitlement to a parental leave benefit has no effect on the determination of an individual's entitlement to leave under the Family and Medical Leave Act of 1993; and ``(B) requires an attestation by the individual submitting the application that-- ``(i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; ``(ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and ``(iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). ``(2) Option to file simultaneous applications.--The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. ``(3) Online availability.--The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. ``(e) Fraud Prevention.-- ``(1) In general.--The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. ``(2) Enforcement.--In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law-- ``(A) a civil monetary penalty of not more than $7,500 for each such failure; and ``(B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. ``(f) Benefit Repayment.-- ``(1) In general.--An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. ``(2) Old-age insurance benefit offset.-- ``(A) In general.--Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. ``(B) Notification.--Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. ``(3) Alternative increase of retirement age.-- ``(A) In general.--In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. ``(B) Retirement age increase.--Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be-- ``(i) the retirement age determined with respect to the individual under such section; plus ``(ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. ``(C) Increase to earliest entitlement age.--In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). ``(4) Other recovery methods.--In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)-- ``(A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and ``(B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. ``(5) Projection of repayment amount.--As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual's benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual's retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. ``(g) Relationship With State Law; Employer Benefits.-- ``(1) In general.--This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. ``(2) Greater benefits allowed.--Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. ``(h) Sunset.--No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. ``(i) Definitions.--For purposes of this section-- ``(1) the term `qualified child' means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who-- ``(A) will not attain 18 years of age before the end of such benefit period; and ``(B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.''. (b) Conforming Amendments.-- (1) Nonpayment provisions.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended-- (A) in subsection (n)(1)(A), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; (B) in subsection (t), in paragraphs (1) and (10), by striking ``under this section or under section 223'' each place it appears and inserting ``under this section, under section 219, or under section 223''; (C) in subsection (u)(1), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; and (D) in subsection (x)-- (i) in paragraph (1)(A), by striking ``under this section or under section 223'' and inserting ``under this section, under section 219, or under section 223''; and (ii) in paragraph (2), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''. (2) Delayed retirement credits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. (3) Voluntary suspension of benefits.--Section 202(z)(1)(A)(ii) of the Social Security Act (42 U.S.C. 402(z)(1)(A)(ii)) is amended by striking ``the age of 70'' and inserting ``age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. (4) Number of benefit computation years.--Section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended-- (A) in clause (i), by striking ``, and'' and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ``; and''; and (C) by inserting after clause (ii) the following: ``(iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years.''. (c) Effective Date.--The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2023. SEC. 7. COOPERATION WITH CHILD SUPPORT AGENCIES AS ELIGIBILITY FACTOR UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended-- (1) in subsection (l)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``At the option of a State agency, subject to'' and inserting ``Subject to''; and (B) in paragraph (2), in the second sentence, by inserting ``custodial parent and the'' before ``child''; and (2) in subsection (m)(1), in the matter preceding subparagraph (A), by striking ``At the option of a State agency, subject to'' and inserting ``Subject to''. SEC. 8. WORKFORCE DEVELOPMENT PROGRAMS FOR NON-CUSTODIAL PARENTS. (a) Grants to States for Workforce Development Programs for Non- Custodial Parents.--Beginning with fiscal year 2023, the Secretary shall use the funds made available under subsection (f) to make grants to States to conduct workforce development programs that provide evidence-based work activities, which may include workforce education and support, technical certification programs, subsidized employment, and on-the-job training and education, to eligible non-custodial parents. (b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. (2) Descriptions of how employers will be recruited to participate in such program and how the State will solicit input from employers in the design and implementation of such program. (3) A description of how the State will promote long-term employment through participation in such program. (4) A description of how the State will prioritize providing evidence-based work activities for low-income, eligible non-custodial parents. (5) Such other information as may the Secretary may require. (c) Other Requirements.--A State receiving funds under this section shall prioritize providing evidence-based work activities through a program funded in whole or in part with such funds for eligible non- custodial parents who are eligible for benefits under the supplemental nutrition assistance program, as defined in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)), and, at the option of the State, may limit participation in such program to such eligible non- custodial parents. (d) Reports.--Not later than 12 months after the end of the last fiscal year in which a State expends funds from a grant made under this section, the State shall submit to the Secretary a report that includes the following information: (1) The number of eligible non-custodial parents who participated in a workforce development program funded in whole or in part with such funds. (2) The median monthly earnings of an eligible non- custodial parent participant while participating in any such workforce development program and 6 months after exiting from the program. (3) The percentage of eligible non-custodial parent participants who are employed full-time 6 months after exiting from any such workforce development program. (4) Such other reporting requirements as the Secretary determines would be beneficial to evaluating the impact of workforce development programs funded in whole or in part with grant funds provided under this section. (e) Nonsupplantation.--Funds provided under this section to a State shall be used to supplement and not supplant any other Federal or State funds which are available for the same general purposes in the State. (f) Funding.-- (1) In general.--Notwithstanding section 403(b) of the Social Security Act (42 U.S.C. 603(b)), from the amount available in the Contingency Fund for State Welfare Programs established under such section that is unobligated as of the date of enactment of this Act, $100,000,000 of such amount is hereby transferred and made available to the Secretary to carry out this section for any fiscal year occurring on or after the date of enactment of this Act. (2) Availability of funds.--Funds provided to a State under this section in a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year. (g) Definitions.--In this section: (1) Eligible non-custodial parent.-- (A) In general.--Subject to subparagraph (B), the term ``eligible non-custodial parent'' means an individual who-- (i) is obligated to pay child support under a support order; (ii) has unpaid, past-due child support obligations; and (iii) has been unemployed or underemployed for any period of time during the 6-month period prior to the individual's participation in a program funded in whole or in part with funds provided to a State under this section. (B) Other eligibility requirements.--An individual shall not be considered to be an eligible non-custodial parent if the individual is not a citizen of the United States or would not be eligible for the program as a result of the application of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State.--The term ``State'' means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 9. REQUIRING BIOLOGICAL FATHERS TO PAY CHILD SUPPORT FOR MEDICAL EXPENSES INCURRED DURING PREGNANCY AND DELIVERY. (a) In General.--Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) in paragraph (33), by striking ``and'' after the semicolon; (2) in paragraph (34), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (34), the following: ``(35) provide that the State shall establish and enforce a child support obligation of the biological father of a child to pay for not less than 50 percent of the reasonable out-of- pocket medical expenses (including health insurance premiums or similar charge, deductions, cost sharing or similar charges, and any other related out-of-pocket expenses) the mother of the child is responsible for that are incurred during, and associated with, the pregnancy and delivery of the child, provided that the mother requests the payment of such support.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. (2) Delay if state legislation required.--In the case of a State plan under part D of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. SEC. 10. PREGNANT STUDENTS' RIGHTS, ACCOMMODATIONS, AND RESOURCES. (a) Findings.--Congress finds the following: (1) Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure. (2) 27.6 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2019 report by the Centers for Disease Control and Prevention. (3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or deprived of an alternative to receiving an abortion. (4) Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities. (5) An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term. (b) Notice of Pregnant Student Rights, Accommodations, and Resources.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Pregnant Students' Rights, Accommodations, and Resources.-- ``(1) Information dissemination activities; establishment of protocol.-- ``(A) In general.--Each public institution of higher education participating in any program under this title shall-- ``(i) in a manner consistent with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), carry out the information dissemination activities described in subparagraph (B) for admitted but not enrolled and enrolled students (including those attending or planning to attend less than full time) on the rights and resources (including protections and accommodations) for pregnant students (or students who may become pregnant) while enrolled at such institution of higher education that-- ``(I) exclude abortion services; ``(II) may help such a student carry their unborn babies to term; and ``(III) include information on how to file a complaint with the Department if such a student believes there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student's pregnancy; and ``(ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. ``(B) Description of information dissemination requirements.--The information dissemination activities described in this subparagraph shall include-- ``(i) annual campus-wide emails; or ``(ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. ``(2) Annual report to congress.-- ``(A) In general.--Each public institution of higher education participating in any program under this title shall-- ``(i) on an annual basis, compile and submit to the Secretary-- ``(I) responses to the questions described in subparagraph (B) from students enrolled at such institution of higher education who voluntarily provided such responses; and ``(II) a description of any actions taken by the institution of higher education to address each complaint by a student that there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student's pregnancy, including any actions taken in accordance with the protocol established under paragraph (1)(A)(ii); and ``(ii) ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student. ``(B) Questions for enrolled students.--The questions described in this subparagraph shall include-- ``(i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; ``(ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; ``(iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student's pregnancy; and ``(iv) if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage. ``(C) Report.--The Secretary shall, on an annual basis-- ``(i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and ``(ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate.''. SEC. 11. GRANTS FOR COMMUNITY-BASED MATERNAL MENTORING PROGRAMS. Title V of the Social Security Act (42 U.S.C. 701 et seq.) is amended by adding at the end the following: ``SEC. 514. GRANTS FOR COMMUNITY-BASED MATERNAL MENTORING PROGRAMS. ``(a) In General.--In addition to any other payments made under this title to a State, the Secretary shall make grants to eligible entities to conduct demonstration projects for, and enable such entities to deliver services under, community-based mentoring programs that satisfy the requirements of subsection (c) to eligible mothers in order to promote improvements in maternal and child well-being, financial stewardship, child development, parenting, and access to social services and other community resources. ``(b) Application.--The Secretary may not award funds made available under this subsection on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out a community-based mentoring program unless the entity has submitted an application to the Secretary that includes-- ``(1) a description of how the programs or activities proposed in the application will improve maternal mental and physical health outcomes in a service area identified by the entity, substantially increase the number of eligible mothers in a service area with access to a community-based mentoring relationship, utilize community volunteer mentors, and supplement, including by avoiding duplication with, existing social services and community resources; ``(2) a description of how the program will partner with other community institutions, including private institutions, in identifying eligible mothers in need of a mentor and, as applicable, creating support communities among eligible mothers; ``(3) a description of the populations to be served by the entity, including specific information on how the entity will serve eligible mothers who belong to high-risk populations as identified in subsection (d); ``(4) a description of the maternal and child health indicators, financial well-being, and other needs of populations to be served by the entity as described in paragraph (3), including, to the extent practicable, the prevalence of mentoring opportunities for such populations; ``(5) the quantifiable benchmarks that will be used to measure program success; ``(6) a commitment by the entity to consult with experts with a demonstrated history of mentoring and case management success in achieving the outcomes described in subsection (c)(2)(A) in developing the programs and activities; ``(7) a commitment by the entity to ensure mentors do not refer or counsel in favor of abortions; and ``(8) such other application information as the Secretary may deem necessary, with the goal of minimizing the application burden on small nongovernmental organizations that would otherwise qualify for the grant. ``(c) Requirements.-- ``(1) Core components.--A community maternal mentoring program conducted with a grant made under this section shall include the following core components: ``(A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. ``(B) An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program. ``(C) Recruitment and utilization of community- based, volunteer mentors. ``(D) Provision of training to participating mentors to equip them with mentoring best practices and knowledge of public and private resources available to eligible mothers (including public social services). ``(2) Measurable improvements in benchmark areas.-- ``(A) In general.--The eligible entity shall establish, subject to the approval of the Secretary, quantifiable, measurable 3- and 5-year benchmarks demonstrating the program results in improvements for eligible mothers participating in the program in the following areas: ``(i) The number of eligible mothers in the eligible entity's service area with access to a community-based mentoring relationship. ``(ii) Improved maternal and child health, including mental and behavioral health. ``(iii) Improved financial literacy. ``(iv) Improved family economic self- sufficiency. ``(v) Improved coordination and referrals for other community resources and supports, including public and private resources. ``(B) Demonstration of improvement.-- ``(i) Report to the secretary.--Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A). ``(ii) Improvement plan.--If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. ``(iii) No improvement or failure to submit report.--If, 1 year after an eligible entity submits an improvement plan under clause (ii), the Secretary determines that the entity has failed to demonstrate any improvement in the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required under clause (i), and has not agreed to a reasonable timeline to submit such report under such conditions as may be determined by the Secretary, the Secretary shall terminate the entity's grant and may reallocate any unpaid grant funds toward future grants provided under this section. ``(3) Improvements in participant outcomes.-- ``(A) In general.--The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). ``(B) Participant outcomes.--The participant outcomes described in this subparagraph are the following: ``(i) Improvements in prenatal and maternal health, including mental and behavioral health and improved pregnancy outcomes. ``(ii) Improvements in child health and development, including the prevention of child injuries and maltreatment. ``(iii) Higher levels of engagement between mothers, children, and their health providers. ``(iv) Reductions in mothers' stress and anxiety. ``(v) Improvements in parenting skills. ``(vi) Improvement in financial literacy skills. ``(vii) Improvements in child's school readiness and academic achievement. ``(viii) Improvements in family economic self-sufficiency. ``(ix) Improvements in the coordination of referrals for, and the provision of, other community resources, including private and public resources, and supports for eligible families. ``(d) Prioritization.--An eligible entity receiving a grant under this section shall identify and prioritize high-risk populations in provision of services, including-- ``(1) low-income eligible mothers; ``(2) eligible mothers who are pregnant women who have not attained the age of 21; ``(3) eligible mothers from populations with a high risk of maternal morbidity; ``(4) eligible mothers with a history of substance abuse or victims of domestic abuse; ``(5) eligible mothers with children with developmental disabilities; and ``(6) eligible mothers residing in a qualified opportunity zone, as designated under section 1400Z-1 of the Internal Revenue Code of 1986. ``(e) Maintenance of Effort.--Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. ``(f) Evaluation.-- ``(1) Ongoing research and evaluation.--The Secretary shall engage in ongoing research and evaluation activities in order to increase knowledge about the implementation and effectiveness of community maternal mentoring programs. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. ``(2) Report requirement.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. ``(g) Technical Assistance.--The Secretary shall provide an eligible entity required to develop and implement an improvement plan under subsection (c)(2)(B) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. ``(h) No Funds to Prohibited Entities.--No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section. ``(i) Protections for Participating Religious Organizations.--A religious organization shall be eligible to apply for and receive funding for a program under this section on the same basis as a non- religious organization, and a religious organization's exemptions, in title VII of the Civil Rights Act of 1964 (including exemption from prohibitions in employment discrimination in section 702(a) of that Act (42 U.S.C. 2000e-1(a))), title VIII of the Civil rights Act of 1968, title IX of the Educational Amendments of 1987, the Americans with Disabilities Act, the Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, or any other provision in law providing an exemption for a religious organization, shall not be waived by its participation in, or receipt of funds from, a grant provided by this section. ``(j) Authorization of Appropriations.-- ``(1) In general.--For purposes of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2025. ``(2) Reservations.--Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). ``(3) Availability.--Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. ``(k) Definitions.--In this section: ``(1) Community-based mentoring relationship.--The term `community-based mentoring relationship' means a relationship with a dedicated mentor and, as applicable, group of mentors or peer support group, who meet regularly with an eligible mother and help that mother address barriers to care, mental, behavioral, and physical well-being, and economic mobility by providing support services and linkages to community resources. A community-based mentoring relationship should, to the extent practicable, have an understanding of the barriers and lived experience of that community, which may include shared lived experience. ``(2) Eligible entity.--The term `eligible entity' means a local government, Indian Tribe (or a consortium of Indian Tribes), Tribal Organization, Urban Indian Organization, or nonprofit organization, including religious organizations, with a demonstrated history of serving eligible mothers. ``(3) Eligible mother.--The term `eligible mother' means-- ``(A) a woman who is pregnant; or ``(B) a woman who has primary caregiving responsibilities for a child under the age of 6. ``(4) Prohibited entity.--The term `prohibited entity' means an entity, including its affiliates, subsidiaries, successors, and clinics that, as of the date of enactment of this section, performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities.''. SEC. 12. EQUAL TREATMENT FOR RELIGIOUS ORGANIZATIONS IN SOCIAL SERVICES. (a) Purposes.--The purposes of this section are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. (2) To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs. (3) To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. (5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. (6) To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations. (b) Provision of Services for Government Programs by Religious Organizations.--Title XXIV of the Revised Statutes is amended by inserting after section 1990 (42 U.S.C. 1994) the following: ``SEC. 1990A. ENSURING EQUAL TREATMENT FOR RELIGIOUS ORGANIZATIONS IN FEDERAL PROVISION OF SOCIAL SERVICES, GRANTMAKING, AND CONTRACTING. ``(a) In General.--For any social services program carried out by the Federal Government, or by a State, local government, or pass- through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. ``(b) Equal Treatment for Religious Organizations in Federal Financial Assistance.-- ``(1) In general.--A religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. ``(2) Selection.--In the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. ``(3) Prohibition against improper burden on religious organizations.-- ``(A) In general.--Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass- through entity. ``(B) Equal treatment on assurances and notices.-- No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. ``(C) Equal application of restrictions.--Any restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. ``(D) Program requirements.--All organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. ``(E) No disqualification based on religion.--No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall-- ``(i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization's religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization's religious exercise; or ``(ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. ``(c) Religious Character and Freedom.-- ``(1) Freedom.--A religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. ``(2) Religious character.--A religious organization that applies for or receives Federal financial assistance for a social services program may, among other things-- ``(A) retain religious terms in the organization's name; ``(B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; ``(C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; ``(D) select, promote, or dismiss the members of the organization's governing body and the organization's employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and ``(E) include religious references in the organization's mission statement and other chartering or governing documents. ``(d) Rights of Covered Beneficiaries of Services.-- ``(1) In general.--Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. ``(2) Special rule.--It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program. ``(3) Alternative services.--If a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that-- ``(A) are reasonably accessible to the covered beneficiary; and ``(B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. ``(4) Definition.--In this subsection, the term `covered beneficiary' means an individual who applies for or receives services under a social services program. ``(e) Religious Exemptions.--A religious organization's exemptions, in title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act (42 U.S.C. 2000e-1(a))), title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq.), the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc et seq.), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. ``(f) Limited Audit.-- ``(1) In general.--A religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. ``(2) Commingling of funds.--If a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. ``(g) Private Right of Action.--Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section-- ``(1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and ``(2) may obtain appropriate relief, including attorney's fees, against an entity or agency that committed such violation. ``(h) Federal Preemption of State and Local Laws.--With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. ``(i) Construction.--The provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. ``(j) Severability.--If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. ``(k) Definitions.--In this section: ``(1) Discriminate on the basis of an organization's religious exercise.-- ``(A) In general.--The term `discriminate', used with respect to an organization's religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including-- ``(i) by failing to select an organization; ``(ii) by disqualifying an organization; or ``(iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. ``(B) Covered conduct or motivation.--In this paragraph, the term `covered conduct or motivation' means-- ``(i) conduct that would not be considered grounds to disfavor a nonreligious organization; ``(ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq.), or any other provision referenced in subsection (e); or ``(iii) the actual or suspected religious motivation for the organization's religious exercise. ``(2) Other definitions.-- ``(A) Federal financial assistance.--The term `Federal financial assistance' means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. ``(B) Pass-through entity.--The term `pass-through entity' means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. ``(C) Program.--The term `program' includes the services provided through that program. ``(D) Religious exercise.--The term `religious exercise' has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc-5). ``(E) Services.--The term `services', used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. ``(F) Social services program.--The term `social services program'-- ``(i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low- income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and ``(ii) includes a program that provides, to people in need-- ``(I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; ``(II) transportation services; ``(III) job training and related services, and employment services; ``(IV) information, referral, and counseling services; ``(V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; ``(VI) health support services; ``(VII) literacy and mentoring services; ``(VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or ``(IX) services related to the provision of assistance for housing under Federal law.''. SEC. 13. AWARENESS FOR EXPECTING MOTHERS. The Public Health Service Act is amended by adding at the end the following: ``TITLE XXXIV--AWARENESS FOR EXPECTING MOTHERS ``SEC. 3401. WEBSITE AND PORTAL. ``(a) Website.--Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including-- ``(1) resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services; ``(2) comprehensive information on alternatives to abortion; ``(3) information about abortion risks, including complications and failures; and ``(4) links to information on child development from moment of conception. ``(b) Portal.--Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that-- ``(1) through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as-- ``(A) Federal, State, local governmental, and private resources that may be available to the woman within her zip code, including the resources specified in subsection (c); and ``(B) risks related to abortion at all stages of fetal gestation; and ``(2) provides for the submission of feedback on how user- friendly and helpful the portal was in providing the tailored information the user was seeking. ``(c) Resources.--The Federal, State, local governmental, and private resources specified in this subsection are the following: ``(1) Mentorship opportunities, including pregnancy help and case management resources. ``(2) Health and well-being services, including women's medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. ``(3) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities. ``(4) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. ``(5) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. ``(6) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. ``(7) Healing and support services for abortion survivors and their families. ``(8) Services providing care for children, including family planning education, adoption, foster care, and short- term care resources. ``(d) Administration.--The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary. ``(e) Follow-Up.--The Secretary shall develop a plan under which-- ``(1) the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user's contact information; ``(2) the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and ``(3) upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources. ``(f) Resource List Aggregation.-- ``(1) In general.--Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. ``(2) Criteria for making recommendations.--The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. ``(3) Grant program.-- ``(A) In general.--The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit. ``(B) Applications.--To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. ``(g) Maternal Mental Health Hotline.--The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration-- ``(1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); ``(2) has the capacity to help families in every State and community in the Nation; and ``(3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. ``(h) Prohibition Regarding Certain Entities.--The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity. ``(i) Services in Different Languages.--The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. ``(j) Reporting Requirements.-- ``(1) In general.--Not later than 180 days after date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on-- ``(A) the traffic of the website and the interactive portal; ``(B) user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user's needs; ``(C) insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and ``(D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates. ``(2) Confidentiality.--The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. ``(k) Definitions.--In this section: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove an ectopic pregnancy or a dead unborn child. ``(2) Born alive.--The term `born alive' has the meaning given such term in section 8(b) of title 1, United States Code. ``(3) Prohibited entity.--The term `prohibited entity' means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. ``(4) Unborn child.--The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.''. SEC. 14. WIC REFORM. (a) Breastfeeding Woman.-- (1) Definition of breastfeeding woman.--Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by striking the subsection designation and all that follows through the period at the end of paragraph (1) and inserting the following: ``(b) Definitions.--In this section: ``(1) Breastfeeding woman.--The term `breastfeeding woman' means a woman who is not more than 2 years postpartum and is breastfeeding the infant of the woman.''. (2) Certification.--Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended by striking ``1 year'' and inserting ``2 years''. (b) Postpartum Woman.-- (1) Definition of postpartum woman.--Section 17(b)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking the period at the end and inserting ``, and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth.''. (2) Certification.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: ``(iii) Postpartum women.--A State may elect to certify a postpartum woman for a period of up to 2 years after the birth of a child born alive or a stillbirth.''. (c) Child Support.--Section 17(e)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(e)(4)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: ``(C) shall provide to individuals applying for the program under this section, or reapplying at the end of their certification period-- ``(i) written information about establishing child support orders under the law of the State; and ``(ii) on request from the individual applicant, referral to any program or agency of the State authorized to determine eligibility for child support orders; and''. (d) Child Support Enforcement Plan.--Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) a plan to facilitate referrals for participants seeking to establish a child support order; and''. (e) Review of Available Supplemental Foods.--Section 17(f)(11)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)(C)) is amended-- (1) in the matter preceding clause (i), by striking ``10'' and inserting ``5''; and (2) in clause (ii), by striking ``amend the supplemental foods available, as necessary, to'' and inserting ``not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to''. (f) Increase in Cash-Value Voucher Amount.--Section 17(f)(11) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)) is amended by adding at the end the following: ``(D) Increase in cash-value voucher amount.--Using funds made available for the program authorized by this section, not later than 30 days after the date of enactment of the Providing for Life Act, the Secretary shall-- ``(i) increase the amount of the cash-value voucher (as defined in section 246.2 of title 7 (Code of Federal Regulations) (or a successor regulation)) to reflect the amount provided to participants of the program as of August 31, 2022 (and adjusted for inflation); and ``(ii) maintain such amount until the date on which a new final rule is promulgated pursuant to subparagraph (C)(ii).''. SEC. 15. PREGNANCY RESOURCE CENTERS. (a) In General.--The Secretary of Health and Human Services shall use amounts available under subsection (b) to provide grants and other assistance to pregnancy resource centers to assist such centers in carrying out activities to support women's pregnancy-related health. (b) Funding.--Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act (42 U.S.C. 300 et seq.). Notwithstanding section 59.2 of title 42, Code of Federal Regulations, pregnancy resource centers shall not be required to provide, refer, or counsel in favor of contraception in order to eligible for funding under such title X. In making funding available under such title X, the Secretary of Health and Human Services shall give priority to the funding of pregnancy resource centers. (c) Definitions.--In this section: (1) Community referrals.--The term ``community referrals'' means linking a woman to additional care within the community. Such linkage may include prenatal care, STI testing or treatment, maternity homes and housing, professional counseling, licensed adoption agencies, financial aid, addition recovery help, job and skills training, and legal help. (2) Material assistance.--The term ``material assistance'' means the provision of goods and resources to pregnant or parenting women or parenting couples, including diapers and wipes, car seats, baby furniture, strollers, baby bedding, baby clothing, baby formula, maternity clothing, or financial assistance. (3) Pregnancy resource center.--The term ``pregnancy resource center'' means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals. Such organizations may also be known as pregnancy help centers, pregnancy resource centers, pregnancy care centers, pregnancy medical clinics, or simply pregnancy centers. Such term does not include entities that perform, prescribe, refer for or encourage abortion or entities that affiliate with any entity that performs, prescribes, refers for, or encourages abortion. <all>

This bill revises various programs and supports for families and children related to taxes, health, and other benefits. First, the bill increases the child tax credit to a maximum of $3,500 per child ($4,500 per child under the age of six) and makes permanent the increased income threshold over which the credit phases out. The bill further eliminates the federal deduction for certain state and local taxes (SALT deduction) and makes the adoption tax credit refundable. The bill allows parents to use a portion of their Social Security benefits for up to three months of paid parental leave after the birth or adoption of a child. Additionally, the bill requires Supplemental Nutrition Assistance Program (SNAP) recipients to cooperate with states in establishing child support orders. It also provides additional workforce training for noncustodial parents with child support obligations. States must establish requirements for the biological father of a child to pay, at the mother's request, at least 50% of reasonable out-of-pocket medical expenses associated with the mother's pregnancy and delivery. The bill requires institutions of higher education to provide students with certain information about the resources and services (excluding abortion services) available to pregnant students. Additionally, the bill

To provide support and assistance to unborn children, pregnant women, parents, and families. (a) Short Title.--This Act may be cited as the ``Providing for Life Act''. 1. Treatment of unborn children. Denial of deduction for State and local taxes of individuals. Parental leave benefits. Grants for community-based maternal mentoring programs. Awareness for expecting mothers. Sec. Pregnancy resource centers. 2. 3. 4. 6. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. 402) is amended-- (A) in subsection (n)(1)(A), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; (B) in subsection (t), in paragraphs (1) and (10), by striking ``under this section or under section 223'' each place it appears and inserting ``under this section, under section 219, or under section 223''; (C) in subsection (u)(1), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; and (D) in subsection (x)-- (i) in paragraph (1)(A), by striking ``under this section or under section 223'' and inserting ``under this section, under section 219, or under section 223''; and (ii) in paragraph (2), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''. (5) Such other information as may the Secretary may require. ``(ii) Improved maternal and child health, including mental and behavioral health. ``(3) Availability.--Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. ``(C) Program.--The term `program' includes the services provided through that program. WEBSITE AND PORTAL.

To provide support and assistance to unborn children, pregnant women, parents, and families. (a) Short Title.--This Act may be cited as the ``Providing for Life Act''. 1. Treatment of unborn children. Denial of deduction for State and local taxes of individuals. Parental leave benefits. Grants for community-based maternal mentoring programs. Awareness for expecting mothers. Sec. Pregnancy resource centers. 2. 3. 4. 6. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. 402) is amended-- (A) in subsection (n)(1)(A), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; (B) in subsection (t), in paragraphs (1) and (10), by striking ``under this section or under section 223'' each place it appears and inserting ``under this section, under section 219, or under section 223''; (C) in subsection (u)(1), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; and (D) in subsection (x)-- (i) in paragraph (1)(A), by striking ``under this section or under section 223'' and inserting ``under this section, under section 219, or under section 223''; and (ii) in paragraph (2), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''. (5) Such other information as may the Secretary may require. ``(3) Availability.--Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. ``(C) Program.--The term `program' includes the services provided through that program. WEBSITE AND PORTAL.

To provide support and assistance to unborn children, pregnant women, parents, and families. (a) Short Title.--This Act may be cited as the ``Providing for Life Act''. 1. Treatment of unborn children. Denial of deduction for State and local taxes of individuals. Parental leave benefits. Workforce development programs for non-custodial parents. Pregnant students' rights, accommodations, and resources. Grants for community-based maternal mentoring programs. Awareness for expecting mothers. Sec. Pregnancy resource centers. 2. (2) Section 24 of such Code is amended by striking subsection (h). (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. ``(B) Special rule for splitting of credit.--In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive-- ``(i) subparagraph (A) shall not apply with respect to such child, ``(ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of-- ``(I) the eligible taxpayer, and ``(II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and ``(iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. 4. 36C. Adoption expenses.''. 6. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. 402) is amended-- (A) in subsection (n)(1)(A), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; (B) in subsection (t), in paragraphs (1) and (10), by striking ``under this section or under section 223'' each place it appears and inserting ``under this section, under section 219, or under section 223''; (C) in subsection (u)(1), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; and (D) in subsection (x)-- (i) in paragraph (1)(A), by striking ``under this section or under section 223'' and inserting ``under this section, under section 219, or under section 223''; and (ii) in paragraph (2), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''. 402(z)(1)(A)(ii)) is amended by striking ``the age of 70'' and inserting ``age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. 7. 8. (5) Such other information as may the Secretary may require. (a) In General.--Section 454 of the Social Security Act (42 U.S.C. or deprived of an alternative to receiving an abortion. 11. ``(ii) Improved maternal and child health, including mental and behavioral health. ``(v) Improvements in parenting skills. ``(3) Availability.--Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. ``(C) Program.--The term `program' includes the services provided through that program. WEBSITE AND PORTAL. (c) Definitions.--In this section: (1) Community referrals.--The term ``community referrals'' means linking a woman to additional care within the community.

To provide support and assistance to unborn children, pregnant women, parents, and families. (a) Short Title.--This Act may be cited as the ``Providing for Life Act''. 1. Treatment of unborn children. Denial of deduction for State and local taxes of individuals. Parental leave benefits. Workforce development programs for non-custodial parents. Pregnant students' rights, accommodations, and resources. Grants for community-based maternal mentoring programs. Awareness for expecting mothers. Sec. Pregnancy resource centers. 2. (2) Section 24 of such Code is amended by striking subsection (h). (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. ``(B) Special rule for splitting of credit.--In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive-- ``(i) subparagraph (A) shall not apply with respect to such child, ``(ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of-- ``(I) the eligible taxpayer, and ``(II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and ``(iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. 4. (I) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Adoption expenses.''. 6. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. 402) is amended-- (A) in subsection (n)(1)(A), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; (B) in subsection (t), in paragraphs (1) and (10), by striking ``under this section or under section 223'' each place it appears and inserting ``under this section, under section 219, or under section 223''; (C) in subsection (u)(1), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; and (D) in subsection (x)-- (i) in paragraph (1)(A), by striking ``under this section or under section 223'' and inserting ``under this section, under section 219, or under section 223''; and (ii) in paragraph (2), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''. 402(z)(1)(A)(ii)) is amended by striking ``the age of 70'' and inserting ``age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. 7. 8. (4) A description of how the State will prioritize providing evidence-based work activities for low-income, eligible non-custodial parents. (5) Such other information as may the Secretary may require. (a) In General.--Section 454 of the Social Security Act (42 U.S.C. or deprived of an alternative to receiving an abortion. ``(C) Report.--The Secretary shall, on an annual basis-- ``(i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and ``(ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate.''. 11. ``(ii) Improved maternal and child health, including mental and behavioral health. ``(v) Improvements in parenting skills. ``(3) Availability.--Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. ``(C) Program.--The term `program' includes the services provided through that program. WEBSITE AND PORTAL. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. 1786(f)(1)(C)) is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) a plan to facilitate referrals for participants seeking to establish a child support order; and''. (c) Definitions.--In this section: (1) Community referrals.--The term ``community referrals'' means linking a woman to additional care within the community.

To provide support and assistance to unborn children, pregnant women, parents, and families. b) Table of Contents.--The table of contents for this Act is as follows: Sec. Permanent extension and modification of special rules for child tax credit. Grants for community-based maternal mentoring programs. ``(b) Limitation Based on Adjusted Gross Income.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). For purposes of the preceding sentence, the term ``modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, ``(B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ``(2) Qualifying dependent.--The term `qualifying dependent' means any dependent of the taxpayer (as defined in section 152 without regard to all that follows `resident of the United States' in section 152(b)(3)(A)) whose name and TIN are included on the taxpayer's return of tax for the taxable year. c) Conforming Amendments.-- (1) Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Taxpayer Identification Requirement.--No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year.''. ( 2) Section 24 of such Code is amended by striking subsection (h). ( (2) Chapter 77 of such Code is amended by striking section 7527A (and by striking the item relating to section 7527A in the table of sections for such chapter). ( 3) Section 26(b)(2) of such Code is amended by inserting ``and'' at the end of subparagraph (X), by striking ``, and'' at the end of subparagraph (Y) and inserting a period, and by striking subparagraph (Z). ( ``(3) Definitions.--For purposes of this subsection-- ``(A) Born alive.--The term `born alive' has the meaning given such term by section 8(b) of title 1, United States Code. ``(C) Social security number.--The term `social security number' has the meaning given such term by subsection (c)(3). DENIAL OF DEDUCTION FOR STATE AND LOCAL TAXES OF INDIVIDUALS. (a) In General.--Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Limitation on deduction of certain taxes for individuals.-- ``(A) In general.--In the case of an individual, no deduction shall be allowed for taxes-- ``(i) described in paragraphs (1), (2), or (3) of subsection (a), or ``(ii) described in paragraph (5) of this subsection. ``(C) Special rule.--For purposes of subparagraph (A), an amount paid in a taxable year beginning before January 1, 2022, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2021, shall be treated as paid on the last day of the taxable year for which such tax is so imposed.''. ( (a) Credit Made Refundable.-- (1) Credit moved to subpart relating to refundable credits.--The Internal Revenue Code of 1986 is amended-- (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. ( 2) Conforming amendments.-- (A) Section 25(e)(1)(C) of such Code is amended by striking ``sections 23 and 25D'' and inserting ``section 25D''. ( (G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. ( H) Paragraph (33) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended by striking ``section 23'' and inserting ``section 36C''. ( (d) Transitional Rule To Treat Carryforward as Refundable Credit.-- In the case of any excess described in section 23(c) of the Internal Revenue Code of 1986 with respect to any taxpayer for the taxable year which precedes the first taxable year to which the amendments made by this section apply, such excess shall be added to the credit allowable under section 36C(a) of such Code with respect to such taxpayer for such first taxable year. a) In General.--Title II of the Social Security Act is amended by inserting after section 218 the following: ``SEC. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. ``(c) Payment of Benefit.-- ``(1) Selection of number of benefit months.--In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as `benefit months'). The number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. ``(3) Amount of monthly payment.--The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to-- ``(A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by ``(B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. ``(2) Option to file simultaneous applications.--The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. ``(3) Online availability.--The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. ``(f) Benefit Repayment.-- ``(1) In general.--An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. ``(B) Notification.--Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. ``(3) Alternative increase of retirement age.-- ``(A) In general.--In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. ``(C) Increase to earliest entitlement age.--In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). ``(4) Other recovery methods.--In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)-- ``(A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and ``(B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. ``(g) Relationship With State Law; Employer Benefits.-- ``(1) In general.--This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. ``(2) Greater benefits allowed.--Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. ``(i) Definitions.--For purposes of this section-- ``(1) the term `qualified child' means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who-- ``(A) will not attain 18 years of age before the end of such benefit period; and ``(B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.''. ( 2) Delayed retirement credits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. ( 3) Voluntary suspension of benefits.--Section 202(z)(1)(A)(ii) of the Social Security Act (42 U.S.C. 402(z)(1)(A)(ii)) is amended by striking ``the age of 70'' and inserting ``age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. ( COOPERATION WITH CHILD SUPPORT AGENCIES AS ELIGIBILITY FACTOR UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. a) Grants to States for Workforce Development Programs for Non- Custodial Parents.--Beginning with fiscal year 2023, the Secretary shall use the funds made available under subsection (f) to make grants to States to conduct workforce development programs that provide evidence-based work activities, which may include workforce education and support, technical certification programs, subsidized employment, and on-the-job training and education, to eligible non-custodial parents. (b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( 3) A description of how the State will promote long-term employment through participation in such program. ( (d) Reports.--Not later than 12 months after the end of the last fiscal year in which a State expends funds from a grant made under this section, the State shall submit to the Secretary a report that includes the following information: (1) The number of eligible non-custodial parents who participated in a workforce development program funded in whole or in part with such funds. ( 3) The percentage of eligible non-custodial parent participants who are employed full-time 6 months after exiting from any such workforce development program. ( 603(b)), from the amount available in the Contingency Fund for State Welfare Programs established under such section that is unobligated as of the date of enactment of this Act, $100,000,000 of such amount is hereby transferred and made available to the Secretary to carry out this section for any fiscal year occurring on or after the date of enactment of this Act. ( g) Definitions.--In this section: (1) Eligible non-custodial parent.-- (A) In general.--Subject to subparagraph (B), the term ``eligible non-custodial parent'' means an individual who-- (i) is obligated to pay child support under a support order; (ii) has unpaid, past-due child support obligations; and (iii) has been unemployed or underemployed for any period of time during the 6-month period prior to the individual's participation in a program funded in whole or in part with funds provided to a State under this section. ( (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. ( b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. a) Findings.--Congress finds the following: (1) Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure. ( (3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) b) Notice of Pregnant Student Rights, Accommodations, and Resources.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Pregnant Students' Rights, Accommodations, and Resources.-- ``(1) Information dissemination activities; establishment of protocol.-- ``(A) In general.--Each public institution of higher education participating in any program under this title shall-- ``(i) in a manner consistent with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. by the institution on account of such student's pregnancy; and ``(ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. ``(B) Description of information dissemination requirements.--The information dissemination activities described in this subparagraph shall include-- ``(i) annual campus-wide emails; or ``(ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. by the institution on account of such student's pregnancy, including any actions taken in accordance with the protocol established under paragraph (1)(A)(ii); and ``(ii) ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student. ``(B) Questions for enrolled students.--The questions described in this subparagraph shall include-- ``(i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; ``(ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; ``(iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student's pregnancy; and ``(iv) if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage. ``(C) Report.--The Secretary shall, on an annual basis-- ``(i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and ``(ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate.''. ``(c) Requirements.-- ``(1) Core components.--A community maternal mentoring program conducted with a grant made under this section shall include the following core components: ``(A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. ``(v) Improved coordination and referrals for other community resources and supports, including public and private resources. ``(B) Demonstration of improvement.-- ``(i) Report to the secretary.--Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A). ``(ii) Improvement plan.--If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. ``(3) Improvements in participant outcomes.-- ``(A) In general.--The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). ``(viii) Improvements in family economic self-sufficiency. ``(e) Maintenance of Effort.--Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. ``(2) Report requirement.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. ``(h) No Funds to Prohibited Entities.--No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section. 2000e-1(a))), title VIII of the Civil rights Act of 1968, title IX of the Educational Amendments of 1987, the Americans with Disabilities Act, the Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, or any other provision in law providing an exemption for a religious organization, shall not be waived by its participation in, or receipt of funds from, a grant provided by this section. ``(2) Reservations.--Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). A community-based mentoring relationship should, to the extent practicable, have an understanding of the barriers and lived experience of that community, which may include shared lived experience. ``(3) Eligible mother.--The term `eligible mother' means-- ``(A) a woman who is pregnant; or ``(B) a woman who has primary caregiving responsibilities for a child under the age of 6. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. ( 5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. ( ``(2) Selection.--In the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. ``(3) Prohibition against improper burden on religious organizations.-- ``(A) In general.--Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass- through entity. ``(c) Religious Character and Freedom.-- ``(1) Freedom.--A religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. ``(d) Rights of Covered Beneficiaries of Services.-- ``(1) In general.--Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. ``(2) Special rule.--It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program. including exemption from prohibitions in employment discrimination in section 702(a) of that Act (42 U.S.C. 2000e-1(a))), title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq. ), ), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ), ``(f) Limited Audit.-- ``(1) In general.--A religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. ``(g) Private Right of Action.--Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section-- ``(1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and ``(2) may obtain appropriate relief, including attorney's fees, against an entity or agency that committed such violation. ``(h) Federal Preemption of State and Local Laws.--With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. ``(j) Severability.--If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. ``(B) Covered conduct or motivation.--In this paragraph, the term `covered conduct or motivation' means-- ``(i) conduct that would not be considered grounds to disfavor a nonreligious organization; ``(ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq. ), ``(2) Other definitions.-- ``(A) Federal financial assistance.--The term `Federal financial assistance' means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. ``(D) Religious exercise.--The term `religious exercise' has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc-5). AWARENESS FOR EXPECTING MOTHERS. The Public Health Service Act is amended by adding at the end the following: ``TITLE XXXIV--AWARENESS FOR EXPECTING MOTHERS ``SEC. ``(c) Resources.--The Federal, State, local governmental, and private resources specified in this subsection are the following: ``(1) Mentorship opportunities, including pregnancy help and case management resources. ``(8) Services providing care for children, including family planning education, adoption, foster care, and short- term care resources. ``(f) Resource List Aggregation.-- ``(1) In general.--Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. ``(3) Grant program.-- ``(A) In general.--The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit. ``(B) Applications.--To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. ``(i) Services in Different Languages.--The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. ``(2) Confidentiality.--The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. ``(k) Definitions.--In this section: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove an ectopic pregnancy or a dead unborn child. ``(2) Born alive.--The term `born alive' has the meaning given such term in section 8(b) of title 1, United States Code. 1786(b)) is amended by striking the subsection designation and all that follows through the period at the end of paragraph (1) and inserting the following: ``(b) Definitions.--In this section: ``(1) Breastfeeding woman.--The term `breastfeeding woman' means a woman who is not more than 2 years postpartum and is breastfeeding the infant of the woman.''. ( 2) Certification.--Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: ``(iii) Postpartum women.--A State may elect to certify a postpartum woman for a period of up to 2 years after the birth of a child born alive or a stillbirth.''. d) Child Support Enforcement Plan.--Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) a plan to facilitate referrals for participants seeking to establish a child support order; and''. ( e) Review of Available Supplemental Foods.--Section 17(f)(11)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)(C)) is amended-- (1) in the matter preceding clause (i), by striking ``10'' and inserting ``5''; and (2) in clause (ii), by striking ``amend the supplemental foods available, as necessary, to'' and inserting ``not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to''. ( PREGNANCY RESOURCE CENTERS. ( (b) Funding.--Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act (42 U.S.C. 300 et seq.). 3) Pregnancy resource center.--The term ``pregnancy resource center'' means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals. Such organizations may also be known as pregnancy help centers, pregnancy resource centers, pregnancy care centers, pregnancy medical clinics, or simply pregnancy centers. Such term does not include entities that perform, prescribe, refer for or encourage abortion or entities that affiliate with any entity that performs, prescribes, refers for, or encourages abortion.

To provide support and assistance to unborn children, pregnant women, parents, and families. b) Table of Contents.--The table of contents for this Act is as follows: Sec. Grants for community-based maternal mentoring programs. Equal treatment for religious organizations in social services. ``(b) Limitation Based on Adjusted Gross Income.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, ``(B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. c) Conforming Amendments.-- (1) Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Taxpayer Identification Requirement.--No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year.''. ( 5) Section 6211(b)(4)(A) of such Code is amended-- (A) by striking ``24 by reason of subsections (d) and (i)(1) thereof'' and inserting ``24(d)'', and (B) by striking ``6428B, and 7527A'' and inserting ``and 6428B''. (6) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``6431, or 7527A'' and inserting ``or 6431''. ( e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. ``(3) Definitions.--For purposes of this subsection-- ``(A) Born alive.--The term `born alive' has the meaning given such term by section 8(b) of title 1, United States Code. ``(C) Social security number.--The term `social security number' has the meaning given such term by subsection (c)(3). ``(D) Unborn child.--The term `unborn child' means an individual of the species homo sapiens, from the beginning of the biological development of that individual, including fertilization, until the point of the earlier of being born alive or death.''. ( a) In General.--Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Limitation on deduction of certain taxes for individuals.-- ``(A) In general.--In the case of an individual, no deduction shall be allowed for taxes-- ``(i) described in paragraphs (1), (2), or (3) of subsection (a), or ``(ii) described in paragraph (5) of this subsection. (B) Section 36C of such Code, as so redesignated, is amended-- (i) in subsection (b)(2)(A), by striking ``(determined without regard to subsection (c))'', (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. ( H) Paragraph (33) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended by striking ``section 23'' and inserting ``section 36C''. ( (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. ( ``(a) In General.--Every individual-- ``(1) who has-- ``(A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or ``(B) not less than 12 quarters of coverage; and ``(2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. ``(c) Payment of Benefit.-- ``(1) Selection of number of benefit months.--In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as `benefit months'). ``(2) Election of benefit months.--Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. ``(2) Option to file simultaneous applications.--The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. ``(3) Online availability.--The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. ``(f) Benefit Repayment.-- ``(1) In general.--An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. ``(B) Notification.--Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. ``(3) Alternative increase of retirement age.-- ``(A) In general.--In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. ``(C) Increase to earliest entitlement age.--In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). ``(g) Relationship With State Law; Employer Benefits.-- ``(1) In general.--This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. ``(2) Greater benefits allowed.--Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. ``(i) Definitions.--For purposes of this section-- ``(1) the term `qualified child' means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who-- ``(A) will not attain 18 years of age before the end of such benefit period; and ``(B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.''. ( 2) Delayed retirement credits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. ( (4) Number of benefit computation years.--Section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended-- (A) in clause (i), by striking ``, and'' and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ``; and''; and (C) by inserting after clause (ii) the following: ``(iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years.''. ( a) Grants to States for Workforce Development Programs for Non- Custodial Parents.--Beginning with fiscal year 2023, the Secretary shall use the funds made available under subsection (f) to make grants to States to conduct workforce development programs that provide evidence-based work activities, which may include workforce education and support, technical certification programs, subsidized employment, and on-the-job training and education, to eligible non-custodial parents. (b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( c) Other Requirements.--A State receiving funds under this section shall prioritize providing evidence-based work activities through a program funded in whole or in part with such funds for eligible non- custodial parents who are eligible for benefits under the supplemental nutrition assistance program, as defined in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)), and, at the option of the State, may limit participation in such program to such eligible non- custodial parents. ( (4) Such other reporting requirements as the Secretary determines would be beneficial to evaluating the impact of workforce development programs funded in whole or in part with grant funds provided under this section. ( g) Definitions.--In this section: (1) Eligible non-custodial parent.-- (A) In general.--Subject to subparagraph (B), the term ``eligible non-custodial parent'' means an individual who-- (i) is obligated to pay child support under a support order; (ii) has unpaid, past-due child support obligations; and (iii) has been unemployed or underemployed for any period of time during the 6-month period prior to the individual's participation in a program funded in whole or in part with funds provided to a State under this section. ( (3) State.--The term ``State'' means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. REQUIRING BIOLOGICAL FATHERS TO PAY CHILD SUPPORT FOR MEDICAL EXPENSES INCURRED DURING PREGNANCY AND DELIVERY. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. 3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student's pregnancy; and ``(ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. ``(B) Description of information dissemination requirements.--The information dissemination activities described in this subparagraph shall include-- ``(i) annual campus-wide emails; or ``(ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. ``(B) Questions for enrolled students.--The questions described in this subparagraph shall include-- ``(i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; ``(ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; ``(iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) ``(C) Report.--The Secretary shall, on an annual basis-- ``(i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and ``(ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate.''. ``(c) Requirements.-- ``(1) Core components.--A community maternal mentoring program conducted with a grant made under this section shall include the following core components: ``(A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. ``(B) An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program. ``(ii) Improvement plan.--If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. ``(3) Improvements in participant outcomes.-- ``(A) In general.--The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). ``(vi) Improvement in financial literacy skills. ``(e) Maintenance of Effort.--Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. ``(2) Report requirement.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. ``(2) Reservations.--Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). ``(2) Eligible entity.--The term `eligible entity' means a local government, Indian Tribe (or a consortium of Indian Tribes), Tribal Organization, Urban Indian Organization, or nonprofit organization, including religious organizations, with a demonstrated history of serving eligible mothers. a) Purposes.--The purposes of this section are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. ( (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. ( ``(3) Prohibition against improper burden on religious organizations.-- ``(A) In general.--Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass- through entity. ``(B) Equal treatment on assurances and notices.-- No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. ``(C) Equal application of restrictions.--Any restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. ``(d) Rights of Covered Beneficiaries of Services.-- ``(1) In general.--Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. ``(2) Special rule.--It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program. ``(4) Definition.--In this subsection, the term `covered beneficiary' means an individual who applies for or receives services under a social services program. including exemption from prohibitions in employment discrimination in section 702(a) of that Act (42 U.S.C. 2000e-1(a))), title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), ``(g) Private Right of Action.--Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section-- ``(1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and ``(2) may obtain appropriate relief, including attorney's fees, against an entity or agency that committed such violation. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. ``(B) Covered conduct or motivation.--In this paragraph, the term `covered conduct or motivation' means-- ``(i) conduct that would not be considered grounds to disfavor a nonreligious organization; ``(ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq. ), ``(D) Religious exercise.--The term `religious exercise' has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc-5). AWARENESS FOR EXPECTING MOTHERS. The Public Health Service Act is amended by adding at the end the following: ``TITLE XXXIV--AWARENESS FOR EXPECTING MOTHERS ``SEC. ``(c) Resources.--The Federal, State, local governmental, and private resources specified in this subsection are the following: ``(1) Mentorship opportunities, including pregnancy help and case management resources. ``(8) Services providing care for children, including family planning education, adoption, foster care, and short- term care resources. ``(f) Resource List Aggregation.-- ``(1) In general.--Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. ``(B) Applications.--To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. ``(g) Maternal Mental Health Hotline.--The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration-- ``(1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); ``(2) has the capacity to help families in every State and community in the Nation; and ``(3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. ``(i) Services in Different Languages.--The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. ``(2) Born alive.--The term `born alive' has the meaning given such term in section 8(b) of title 1, United States Code. b) Postpartum Woman.-- (1) Definition of postpartum woman.--Section 17(b)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking the period at the end and inserting ``, and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth.''. ( d) Child Support Enforcement Plan.--Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) a plan to facilitate referrals for participants seeking to establish a child support order; and''. ( e) Review of Available Supplemental Foods.--Section 17(f)(11)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)(C)) is amended-- (1) in the matter preceding clause (i), by striking ``10'' and inserting ``5''; and (2) in clause (ii), by striking ``amend the supplemental foods available, as necessary, to'' and inserting ``not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to''. ( PREGNANCY RESOURCE CENTERS. ( Notwithstanding section 59.2 of title 42, Code of Federal Regulations, pregnancy resource centers shall not be required to provide, refer, or counsel in favor of contraception in order to eligible for funding under such title X. In making funding available under such title X, the Secretary of Health and Human Services shall give priority to the funding of pregnancy resource centers. ( (3) Pregnancy resource center.--The term ``pregnancy resource center'' means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals. Such organizations may also be known as pregnancy help centers, pregnancy resource centers, pregnancy care centers, pregnancy medical clinics, or simply pregnancy centers.

To provide support and assistance to unborn children, pregnant women, parents, and families. a) In General.--Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Limitation on deduction of certain taxes for individuals.-- ``(A) In general.--In the case of an individual, no deduction shall be allowed for taxes-- ``(i) described in paragraphs (1), (2), or (3) of subsection (a), or ``(ii) described in paragraph (5) of this subsection. ( 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. ( ( ( b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( ( ( ``(2) Report requirement.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. b) Postpartum Woman.-- (1) Definition of postpartum woman.--Section 17(b)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking the period at the end and inserting ``, and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth.''. ( ( 1786(f)(11)(C)) is amended-- (1) in the matter preceding clause (i), by striking ``10'' and inserting ``5''; and (2) in clause (ii), by striking ``amend the supplemental foods available, as necessary, to'' and inserting ``not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to''. ( 3) Pregnancy resource center.--The term ``pregnancy resource center'' means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals.

To provide support and assistance to unborn children, pregnant women, parents, and families. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, ``(B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ( ( ``(2) Option to file simultaneous applications.--The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. ``(f) Benefit Repayment.-- ``(1) In general.--An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. ( b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( ( ( ( ( ``(B) Description of information dissemination requirements.--The information dissemination activities described in this subparagraph shall include-- ``(i) annual campus-wide emails; or ``(ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. ``(ii) Improvement plan.--If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. ``(3) Prohibition against improper burden on religious organizations.-- ``(A) In general.--Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization's religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass- through entity. ``(2) Special rule.--It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program. ``(h) Federal Preemption of State and Local Laws.--With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. ``(f) Resource List Aggregation.-- ``(1) In general.--Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. d) Child Support Enforcement Plan.--Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) a plan to facilitate referrals for participants seeking to establish a child support order; and''. ( ( ( b) Funding.--Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act (42 U.S.C. 300 et seq. ).

To provide support and assistance to unborn children, pregnant women, parents, and families. a) In General.--Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Limitation on deduction of certain taxes for individuals.-- ``(A) In general.--In the case of an individual, no deduction shall be allowed for taxes-- ``(i) described in paragraphs (1), (2), or (3) of subsection (a), or ``(ii) described in paragraph (5) of this subsection. ( 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. ( ( ( b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( ( ( ``(2) Report requirement.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. b) Postpartum Woman.-- (1) Definition of postpartum woman.--Section 17(b)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking the period at the end and inserting ``, and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth.''. ( ( 1786(f)(11)(C)) is amended-- (1) in the matter preceding clause (i), by striking ``10'' and inserting ``5''; and (2) in clause (ii), by striking ``amend the supplemental foods available, as necessary, to'' and inserting ``not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to''. ( 3) Pregnancy resource center.--The term ``pregnancy resource center'' means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals.

To provide support and assistance to unborn children, pregnant women, parents, and families. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, ``(B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ( ( ( b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( ( ( ( ( ``(ii) Improvement plan.--If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. ``(2) Special rule.--It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program. ``(f) Resource List Aggregation.-- ``(1) In general.--Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. ( ( ( b) Funding.--Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act (42 U.S.C. 300 et seq. ).

To provide support and assistance to unborn children, pregnant women, parents, and families. a) In General.--Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Limitation on deduction of certain taxes for individuals.-- ``(A) In general.--In the case of an individual, no deduction shall be allowed for taxes-- ``(i) described in paragraphs (1), (2), or (3) of subsection (a), or ``(ii) described in paragraph (5) of this subsection. ( 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. ( ( ( b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( ( ( ``(2) Report requirement.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. b) Postpartum Woman.-- (1) Definition of postpartum woman.--Section 17(b)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking the period at the end and inserting ``, and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth.''. ( ( 1786(f)(11)(C)) is amended-- (1) in the matter preceding clause (i), by striking ``10'' and inserting ``5''; and (2) in clause (ii), by striking ``amend the supplemental foods available, as necessary, to'' and inserting ``not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to''. ( 3) Pregnancy resource center.--The term ``pregnancy resource center'' means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals.

To provide support and assistance to unborn children, pregnant women, parents, and families. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, ``(B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ( ( ( b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( ( ( ( ( ``(ii) Improvement plan.--If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. ``(2) Special rule.--It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program. ``(f) Resource List Aggregation.-- ``(1) In general.--Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. ( ( ( b) Funding.--Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act (42 U.S.C. 300 et seq. ).

To provide support and assistance to unborn children, pregnant women, parents, and families. b) Postpartum Woman.-- (1) Definition of postpartum woman.--Section 17(b)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking the period at the end and inserting ``, and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth.''. ( ( 1786(f)(11)(C)) is amended-- (1) in the matter preceding clause (i), by striking ``10'' and inserting ``5''; and (2) in clause (ii), by striking ``amend the supplemental foods available, as necessary, to'' and inserting ``not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to''. ( 3) Pregnancy resource center.--The term ``pregnancy resource center'' means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals.

To provide support and assistance to unborn children, pregnant women, parents, and families. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, ``(B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ( ( ( b) Application Requirements.--The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non- custodial parents. ( ( ( ( ( ``(ii) Improvement plan.--If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. ``(2) Special rule.--It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization's program. ``(f) Resource List Aggregation.-- ``(1) In general.--Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. ( ( ( b) Funding.--Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act (42 U.S.C. 300 et seq. ).

This bill addresses issues related to the health and well-being of unborn children, pregnant women, parents, and families. Among other provisions, the bill (1) establishes a refundable adoption tax credit, (2) requires biological fathers to pay child support for medical expenses incurred during pregnancy and delivery, and (3) establishes grants for community-based maternal mentoring programs.

This bill addresses various issues related to the provision of support and assistance to unborn children, pregnant women, parents, and families. Specifically, the bill

This bill addresses issues related to the provision of support and assistance to unborn children, pregnant women, parents, and families. Specifically, the bill

This bill addresses issues related to the treatment of unborn children, pregnant women, parents, and families. Specifically, the bill

This bill addresses issues related to the care of unborn children, pregnant women, parents, and families. Specifically, the bill

This bill addresses issues related to the provision of support for unborn children, pregnant women, parents, and families. Specifically, the bill

This bill modifies provisions related to child care, nutrition, and employment. Specifically, the bill requires the Department of Health and Human Services (HHS) to award grants to states to increase the employment of eligible non-custodial parents. HHS must also establish a grant program to provide support and assistance to unborn children, pregnant women, parents, and families. The bill also modifies the Supplemental Nutrition Assistance Program (SNAP), which provides nutrition assistance to pregnant and postpartum women, to include women up to two years after the birth of a child born alive or a stillbirth. In addition, HHS must

This bill establishes a program to provide support and assistance to unborn children, pregnant women, parents, and families. Specifically, the bill requires the Department of Health and Human Services (HHS) to award grants to states, Indian tribes, tribal nations, and Indian tribes to provide evidence-based work activities to increase the employment of eligible non-custodial parents. HHS must also establish an online portal to provide information about the program. The bill also requires the Social Security Administration to establish an option under which an individual may file an application for a parental leave benefit with respect to a qualified child at the same time the

To provide support and assistance to unborn children, pregnant women,                 (a) ``(b) ``(c) ``(d) ``(e) ``(f) ``(g) ``(h) ``(i) ``(j) ``(k) ``(l) ``(m) ``(n) ``(o) ``(p) ``(r) ``(s) ``(t) ``(u) ``(w) ``(x) ``(y) ``(z) (x) (y) (w) (z) ) (z ) (x)) (z)) (x)=1. PERMANENT EXTENSION AND MODIFIC

Native Americans

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. <<NOTE: Sept. 24, 2021 - [S. 325]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT. Section 3(f) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 987) is amended, in the matter preceding paragraph (1), by striking ``3 years'' and inserting ``5 years''. Approved September 24, 2021. LEGISLATIVE HISTORY--S. 325 (H.R. 438): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-103 (Comm. on Natural Resources) accompanying H.R. 438. SENATE REPORTS: No. 117-12 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 167 (2021): May 26, considered and passed Senate. July 26, Aug. 23, considered and passed House. <all>

This bill extends the deadline, from three years to five years, for the Alyce Spotted Bear and Walter Soboleff Commission on Native Children to submit its report to the President and Congress. The commission was established to conduct a comprehensive study of federal, state, local, and tribal programs that serve Native children and to develop plans for federal policy related to Native children.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. <<NOTE: Sept. 24, 2021 - [S. 325]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT. Section 3(f) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 987) is amended, in the matter preceding paragraph (1), by striking ``3 years'' and inserting ``5 years''. Approved September 24, 2021. LEGISLATIVE HISTORY--S. 325 (H.R. 438): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-103 (Comm. on Natural Resources) accompanying H.R. 438. SENATE REPORTS: No. 117-12 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 167 (2021): May 26, considered and passed Senate. July 26, Aug. 23, considered and passed House. <all>

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. <<NOTE: Sept. 24, 2021 - [S. 325]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT. Section 3(f) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 987) is amended, in the matter preceding paragraph (1), by striking ``3 years'' and inserting ``5 years''. Approved September 24, 2021. LEGISLATIVE HISTORY--S. 325 (H.R. 438): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-103 (Comm. on Natural Resources) accompanying H.R. 438. SENATE REPORTS: No. 117-12 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 167 (2021): May 26, considered and passed Senate. July 26, Aug. 23, considered and passed House. <all>

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. <<NOTE: Sept. 24, 2021 - [S. 325]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT. Section 3(f) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 987) is amended, in the matter preceding paragraph (1), by striking ``3 years'' and inserting ``5 years''. Approved September 24, 2021. LEGISLATIVE HISTORY--S. 325 (H.R. 438): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-103 (Comm. on Natural Resources) accompanying H.R. 438. SENATE REPORTS: No. 117-12 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 167 (2021): May 26, considered and passed Senate. July 26, Aug. 23, considered and passed House. <all>

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. <<NOTE: Sept. 24, 2021 - [S. 325]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT. Section 3(f) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 987) is amended, in the matter preceding paragraph (1), by striking ``3 years'' and inserting ``5 years''. Approved September 24, 2021. LEGISLATIVE HISTORY--S. 325 (H.R. 438): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-103 (Comm. on Natural Resources) accompanying H.R. 438. SENATE REPORTS: No. 117-12 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 167 (2021): May 26, considered and passed Senate. July 26, Aug. 23, considered and passed House. <all>

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

[117th Congress Public Law 41] [From the U.S. Government Publishing Office] [[Page 135 STAT. 341]] Public Law 117-41 117th Congress An Act To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT.

This act extends the deadline for the Alyce Spotted Bear and Walter Soboleff Commission on Native Children to submit a report to Congress.

This act extends the deadline for the report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children.

This act extends the deadline for the Alyce Spotted Bear and Walter Soboleff Commission on Native Children to submit its report.

This act extends the deadline for the Alyce Spotted Bear and Walter Soboleff Commission on Native Children to submit a report to Congress.

This act extends the deadline for the report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children.

This act extends the deadline for the Alyce Spotted Bear and Walter Soboleff Commission on Native Children to submit its report.

This bill extends the deadline for the report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children.

This bill extends the deadline for the Alyce Spotted Bear and Walter Soboleff Commission on Native Children to submit a report to Congress.

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Health

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Behavioral Health Coverage Transparency Act of 2022''. SEC. 2. STRENGTHENING PARITY IN MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS. (a) Public Health Service Act.--Section 2726(a)(8) of the Public Health Service Act (42 U.S.C. 300gg-26(a)(8)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i)-- (A) by inserting ``(including entities that provide administrative services in connection with a group health plan, such as third party administrators)'' after ``insurance coverage''; and (B) by striking ``and, beginning 45 days after'' and all that follows through ``upon request,'' and inserting ``and submit to the Secretary (or the Secretary of Labor or the Secretary of the Treasury, as applicable), on an annual basis (and at any other time upon request of the Secretary), and to the applicable State authority upon request,''; (2) in subparagraph (B)-- (A) in the heading, by striking ``request'' and inserting ``review''; (B) in clause (i)-- (i) in the heading, by striking ``Submission upon request'' and inserting ``In general''; (ii) by striking ``shall request'' and all that follows through ``coverage submit'' and insert ``shall conduct a review of''; and (iii) by striking ``shall request not fewer than 20'' and inserting ``shall conduct a review of not fewer than 60''; (C) in clause (ii)-- (i) in the first sentence, by striking ``as requested under clause (i)'' and inserting ``as submitted under such subparagraph''; (ii) in the first sentence, by striking ``to be responsive to the request under clause (i) for'' and inserting ``to enable''; and (iii) in the second sentence, by striking ``, as requested under clause (i)''; (D) in clause (iii)-- (i) in subclause (I), by striking ``, as requested under clause (i),''; and (ii) by adding at the end of subclause (II) the following new sentence: ``The preceding sentence shall not apply with respect to disclosures made on or after the date of the enactment of this sentence.''; and (E) in clause (iv)-- (i) in subclause (I)-- (I) by striking ``requested under clause (i)'' and inserting ``reviewed under clause (i)''; and (II) by striking ``after the final determination by the Secretary described in clause (iii)(I)(bb)'' and inserting ``by the Secretary as described in clause (iii)(I)''; (ii) in subclause (II), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iii) in subclause (III), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iv) in subclause (IV)-- (I) by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; and (II) by striking ``and'' at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: ``(VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); ``(VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and ``(VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable.''; (3) in subparagraph (C)(i), by striking ``requested''; and (4) by adding at the end the following new subparagraphs: ``(D) Audit process.--Beginning 1 year after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, as applicable, shall, in addition to conducting reviews in accordance with subparagraph (B), conduct randomized audits of group health plans, health insurance issuers offering group or individual health insurance coverage, and entities that provide administrative services in connection with a group health plan, such as third party administrators, to determine compliance with this section. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Labor and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ``(E) Complaint process.--Not later than 6 months after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretary of Labor and the Secretary of the Treasury, shall, with respect to group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators), issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans and coverage to file formal complaints of such plans or issuers being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed. ``(F) Coverage disparity information.--For the first calendar year that begins on or after the date that is 2 years after the date of the enactment of this subparagraph, and for each subsequent calendar year, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, shall 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 the following information with respect to the preceding calendar year: ``(i) Denial rates.--Data comparing the rates of and reasons for denial by group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) of claims for mental health benefits, substance use disorder benefits, and medical and surgical benefits, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(IV) Outpatient, out-of-network claims. ``(V) Emergency services. ``(VI) Prescription drug claims. ``(ii) Network adequacy data.--Data comparing the network adequacy of group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(IV) Outpatient, out-of-network claims. ``(V) Emergency services. ``(VI) Prescription drug claims.''. (b) Employee Retirement Income Security Act of 1974.--Section 712(a)(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)(8)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i)-- (A) by inserting ``(including entities that provide administrative services in connection with a group health plan, such as third party administrators)'' after ``insurance coverage''; and (B) by striking ``and, beginning 45 days after'' and all that follows through ``upon request,'' and inserting ``and submit to the Secretary (or the Secretary of Health and Human Services or the Secretary of the Treasury, as applicable), on an annual basis (and at any other time upon request of the Secretary),''; (2) in subparagraph (B)-- (A) in the heading, by striking ``request'' and inserting ``review''; (B) in clause (i)-- (i) in the heading, by striking ``Submission upon request'' and inserting ``In general''; (ii) by striking ``shall request'' and all that follows through ``coverage submit'' and insert ``shall conduct a review of''; and (iii) by striking ``shall request not fewer than 20'' and inserting ``shall conduct a review of not fewer than 60''; (C) in clause (ii)-- (i) in the first sentence, by striking ``as requested under clause (i)'' and inserting ``as submitted under such subparagraph''; (ii) in the first sentence, by striking ``to be responsive to the request under clause (i) for'' and inserting ``to enable''; and (iii) in the second sentence, by striking ``, as requested under clause (i)''; (D) in clause (iii)-- (i) in subclause (I), by striking ``, as requested under clause (i),''; and (ii) by adding at the end of subclause (II) the following new sentence: ``The preceding sentence shall not apply with respect to disclosures made on or after the date of the enactment of this sentence.''; and (E) in clause (iv)-- (i) in subclause (I)-- (I) by striking ``requested under clause (i)'' and inserting ``reviewed under clause (i)''; and (II) by striking ``after the final determination by the Secretary described in clause (iii)(I)(bb)'' and inserting ``by the Secretary as described in clause (iii)(I)''; (ii) in subclause (II), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iii) in subclause (III), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iv) in subclause (IV)-- (I) by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; and (II) by striking ``and'' at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: ``(VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); ``(VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and ``(VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable.''; (3) in subparagraph (C)(i), by striking ``requested''; and (4) by adding at the end the following new subparagraphs: ``(D) Audit process.--Beginning 1 year after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, as applicable, shall, in addition to conducting reviews in accordance with subparagraph (B), conduct randomized audits of group health plans, health insurance issuers offering group health insurance coverage, and entities that provide administrative services in connection with a group health plan, such as third party administrators, to determine compliance with this section. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Health and Human Services and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ``(E) Complaint process.--Not later than 6 months after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall, with respect to group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators), issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans and coverage to file formal complaints of such plans or issuers being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed. ``(F) Coverage disparity information.--For the first calendar year that begins on or after the date that is 2 years after the date of the enactment of this subparagraph, and for each subsequent calendar year, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, shall 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 the following information with respect to the preceding calendar year: ``(i) Denial rates.--Data comparing the rates of and reasons for denial by group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) of claims for mental health benefits, substance use disorder benefits, and medical and surgical benefits, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(IV) Outpatient, out-of-network claims. ``(V) Emergency services. ``(VI) Prescription drug claims. ``(ii) Network adequacy data.--Data comparing the network adequacy of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out- of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(IV) Outpatient, out-of-network claims. ``(V) Emergency services. ``(VI) Prescription drug claims.''. (c) Internal Revenue Code of 1986.--Section 9812(a)(8) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A), in the matter preceding clause (i)-- (A) by inserting ``(including entities that provide administrative services in connection with a group health plan, such as third party administrators)'' after ``In the case of a group health plan''; and (B) by striking ``and, beginning 45 days after'' and all that follows through ``upon request,'' and inserting ``and submit to the Secretary (or the Secretary of Health and Human Services or the Secretary of Labor, as applicable), on an annual basis (and at any other time upon request of the Secretary),''; (2) in subparagraph (B)-- (A) in the heading, by striking ``request'' and inserting ``review''; (B) in clause (i)-- (i) in the heading, by striking ``Submission upon request'' and inserting ``In general''; (ii) by striking ``shall request'' and all that follows through ``plan submit'' and insert ``shall conduct a review of''; and (iii) by striking ``shall request not fewer than 20'' and inserting ``shall conduct a review of not fewer than 60''; (C) in clause (ii)-- (i) in the first sentence, by striking ``as requested under clause (i)'' and inserting ``as submitted under such subparagraph''; (ii) in the first sentence, by striking ``to be responsive to the request under clause (i) for'' and inserting ``to enable''; and (iii) in the second sentence, by striking ``, as requested under clause (i)''; (D) in clause (iii)-- (i) in subclause (I), by striking ``, as requested under clause (i),''; and (ii) by adding at the end of subclause (II) the following new sentence: ``The preceding sentence shall not apply with respect to disclosures made on or after the date of the enactment of this sentence.''; and (E) in clause (iv)-- (i) in subclause (I)-- (I) by striking ``requested under clause (i)'' and inserting ``reviewed under clause (i)''; and (II) by striking ``after the final determination by the Secretary described in clause (iii)(I)(bb)'' and inserting ``by the Secretary as described in clause (iii)(I)''; (ii) in subclause (II), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iii) in subclause (III), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iv) in subclause (IV)-- (I) by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; and (II) by striking ``and'' at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: ``(VI) the name of each group health plan found not to have submitted comparative analyses in accordance with subparagraph (A); ``(VII) the name of each group health plan whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and ``(VIII) the name of any plan with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable.''; (3) in subparagraph (C)(i), by striking ``requested''; and (4) by adding at the end the following new subparagraphs: ``(D) Audit process.--Beginning 1 year after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, shall, in addition to conducting reviews in accordance with subparagraph (B), conduct randomized audits of group health plans and entities that provide administrative services in connection with a group health plan, such as third party administrators, to determine compliance with this section. Such audits shall be conducted on no fewer than 40 plans per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ``(E) Complaint process.--Not later than 6 months after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretary of Health and Human Services and the Secretary of Labor, shall, with respect to group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators), issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans to file formal complaints of such plans being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed. ``(F) Coverage disparity information.--For the first calendar year that begins on or after the date that is 2 years after the date of the enactment of this subparagraph, and for each subsequent calendar year, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, shall 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 the following information with respect to the preceding calendar year: ``(i) Denial rates.--Data comparing the rates of and reasons for denial by group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) of claims for mental health benefits, substance use disorder benefits, and medical and surgical benefits, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(IV) Outpatient, out-of-network claims. ``(V) Emergency services. ``(VI) Prescription drug claims. ``(ii) Network adequacy data.--Data comparing the network adequacy of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(IV) Outpatient, out-of-network claims. ``(V) Emergency services. ``(VI) Prescription drug claims.''. SEC. 3. CONSUMER PARITY UNIT FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY VIOLATIONS. (a) Definitions.--In this section: (1) Applicable state authority.--The term ``applicable State authority'' has the meaning given the term in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91). (2) Covered plan.--The term ``covered plan'' means any creditable coverage that is subject to any of the mental health parity laws described in paragraph (4). (3) Creditable coverage.--The term ``creditable coverage'' has the meaning given the term in section 2704(c) of the Public Health Service Act (42 U.S.C. 300gg-3(c)). (4) Mental health parity law.--The term ``mental health parity law'' means-- (A) section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26); (B) section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a); (C) section 9812 of the Internal Revenue Code of 1986; or (D) any other Federal law that applies the requirements under any of the sections described in subparagraph (A), (B), or (C), or requirements that are substantially similar to the requirements under any such section, as determined by the Secretary, to creditable coverage. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). (B) A Medicare Advantage plan offered under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.). (C) A State plan (or waiver of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (D) A plan offered under the program established under chapter 89 of title 5, United States Code. (b) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall establish a consumer parity unit with functions that include-- (1) facilitating the centralized collection of, monitoring of, and response to consumer complaints (including provider complaints) regarding violations of mental health parity laws through developing and administering, in accordance with subsection (d)-- (A) a single, toll-free telephone number; and (B) a public website portal, which may include enhancing a website portal in existence on the date of enactment of this Act; and (2) providing information to health care consumers regarding the disclosure requirements and enforcement under section 2726(a)(8) of the Public Health Service Act (42 U.S.C. 300gg-26(a)(8)), section 712(a)(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)(8)), and section 9812(a)(8) of the Internal Revenue Code of 1986. (c) Website Portal.--The Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall make available on the website portal established under subsection (b)(1)(B)-- (1) any guidance and any reports issued by the Secretary, the Secretary of Labor, or the Secretary of the Treasury, under section 2726 of the Public Health Service Act (42 U.S.C. 300gg- 26), section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a), or section 9812 of the Internal Revenue Code of 1986, respectively; (2) any information obtained under subsection (b)(1) that it is in the public interest to disclose, through aggregated reported or other appropriate formats designed to protect confidential information in accordance with subsection (g); and (3) information on the results of, or progress on, any concluded or ongoing audits or investigations of the Secretary, the Secretary of Labor, or the Secretary of the Treasury, as applicable, under such section 2726, 712, or 9812, respectively, including the identity of each group health plan or health insurance issuer (including entities that provide administrative services in connection with a group health plan, such as third party administrators) that-- (A) was the subject of a concluded audit or investigation; or (B) that is the subject of an ongoing audit or investigation and which was found, pursuant to such audit or investigation, not to have submitted NQTL analyses in accordance with such sections (or to have submitted incomplete NQTL analyses). (d) Response to Consumer Complaints and Inquiries.-- (1) Timely response to consumers.--The Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall establish reasonable procedures for the consumer parity unit established under this section to provide a response (in writing if appropriate) within 90 days to consumers regarding complaints received by the unit against, or inquiries concerning, a covered plan, at the discretion of the applicable agency, which shall at minimum include-- (A) steps that have been taken by the appropriate State or Federal enforcement agency in response to the complaint or inquiry of the consumer; (B) in the case such complaint relates to a specified covered plan, any responses received by the appropriate State or Federal enforcement agency from the covered plan; (C) any follow-up actions or planned follow-up actions by the appropriate State or Federal enforcement agency in response to the complaint or inquiry of the consumer; and (D) contact information of the appropriate enforcement agency for the consumer to obtain additional information on the complaint or inquiry. (2) Timely response to regulators.--A specified covered plan shall provide a response (in writing if appropriate) within 7 days to the appropriate State or Federal enforcement agency having jurisdiction over such plan (or, in the case such plan is a State plan (or wavier of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), to the Secretary of Health and Human Services) concerning a consumer complaint or inquiry submitted to the consumer parity unit established under this section including-- (A) steps that have been taken by the plan to respond to the complaint or inquiry of the consumer; (B) any responses received by the plan from the consumer; and (C) follow-up actions or planned follow-up actions by the plan in response to the complaint or inquiry of the consumer. (3) Provision of information to consumers.-- (A) In general.--A covered plan shall comply with a consumer request for information in the control or possession of such covered plan concerning the coverage the consumer obtained from such covered plan within 7 days of receipt of such request. (B) Exceptions.--Notwithstanding subparagraph (A), a covered plan, and any agency or entity having jurisdiction over a covered plan, may not be required by this paragraph to make available to the consumer any information required to be kept confidential by any other provision of law. (4) Enforcement.-- (A) Private insurance.--The provisions of paragraphs (2) and (3) shall apply to group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) as if such provisions were included in part D of title XXVII of such Act (42 U.S.C. 300g-111 et seq.), part 7 of title I of the Employee Retirement Act of 1974 (29 U.S.C. 1181 et seq.), and chapter 100 of the Internal Revenue Code of 1986. (B) Other specified covered plans.-- (i) Medicare advantage plans.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new section: ``(o) Application of Certain Mental Health Parity Complaint Requirements.--An MA plan shall comply with the requirements of paragraphs (2) and (3) of section 3(d) of the Behavioral Health Coverage Transparency Act of 2022.''. (ii) Medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (I) in paragraph (86), by striking ``; and'' at the end; (II) in paragraph (87)(D), by striking the period and inserting ``; and''; and (III) by inserting after paragraph (87) the following new paragraph: ``(88) provide for compliance with the provisions of paragraphs (2) and (3) of section 3(d) of the Behavioral Health Coverage Transparency Act of 2022.''. (C) Other covered plans.--In the case of a covered plan that is not a specified covered plan, the Federal agency charged with the administration or supervision of such plan shall ensure that such plan complies with the provisions of paragraph (3). (e) Reports.-- (1) In general.--Not later than December 31 of each year, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall submit a report to Congress on the complaints received by the consumer parity unit established under this section in the prior year regarding covered plans. (2) Contents.--Each such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints, including the identity of the group health plan or health insurance issuer that is the subject of such a complaint. (3) Consumer parity unit posting.--The Secretary shall submit such reports to the consumer parity unit established under this section, and such unit shall post the reports on the website portal established under subsection (b)(1)(B). (f) Data Sharing.--Subject to any applicable standards for Federal or State agencies with respect to protecting personally identifiable information and data security and integrity, including the regulations under part 2 of title 42, Code of Federal Regulations-- (1) the consumer parity unit established under this section shall share consumer complaint information with the Secretary, and the head of any other applicable Federal or State agency; and (2) the Secretary, and the head of any other applicable Federal or State agency, shall share data relating to consumer complaints regarding covered plans with such unit. (g) Privacy Considerations.-- (1) In general.--In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. (2) Exceptions.--The consumer parity unit established under this section may not obtain from a covered plan any personally identifiable information about a consumer from the records of the covered plan, except-- (A) if the records are reasonably described in a request by the consumer parity unit established under this section, and the consumer provides appropriate consent for the disclosure and use of such information by the covered plan to such unit; or (B) as may be specifically permitted or required under other applicable provisions of law, including the regulations under part 2 of title 42, Code of Federal Regulations. (h) Collaboration.-- (1) Agreements with other agencies.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section. (2) Agreements with states.--To the extent practicable, an applicable State authority may receive appropriate complaints from the consumer parity unit established under this section, if-- (A) the applicable State authority has the functional capacity to receive calls or electronic reports routed by the unit; (B) the applicable State authority has satisfied any conditions of participation that the unit may establish, including treatment of personally identifiable information and sharing of information on complaint resolution or related compliance procedures and resources; and (C) participation by the applicable State authority includes measures necessary to protect personally identifiable information in accordance with standards that apply to Federal agencies with respect to protecting personally identifiable information and data security and integrity. (3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. (i) Funding.-- (1) Initial funding.--There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available until expended. (2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. SEC. 4. GRANTS FOR HEALTH INSURANCE INFORMATION CONCERNING MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to States to enable such States (or the Exchanges established under the Patient Protection and Affordable Care Act (Public Law 111-148) operating in such States) to establish, expand, or provide support for-- (1) offices of health insurance consumer assistance; or (2) health insurance ombudsman programs, in order to enable such offices and programs to carry out the activities described in subsection (c). (b) Eligibility.-- (1) In general.--To be eligible to receive a grant, a State shall designate an independent office of health insurance consumer assistance, or an ombudsman, that, directly or in coordination with State private and public health insurance regulators and consumer assistance organizations, receives and responds to inquiries and complaints concerning health insurance coverage with respect to Federal health insurance requirements and under State law relating to mental health or substance use disorder benefits. (2) Criteria.--A State that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant. (c) Use of Funds.--Funds received from a grant awarded under this section shall be used by an office of health insurance consumer assistance or health insurance ombudsman described in subsection (a) to-- (1) assist with the filing of complaints and appeals, including filing appeals with the internal appeal or grievance process of the group health plan or health insurance issuer, Medicaid program, and Children's Health Insurance Program involved, relating to mental health or substance use disorder benefits, and providing information about the external appeal process; (2) collect, track, and quantify problems and inquiries encountered by consumers; (3) educate consumers on their rights and responsibilities with respect to group health plans and health insurance coverage, Medicaid, and Children's Health Insurance Program relating to mental health or substance use disorder benefits; (4) assist consumers with enrollment in a group health plan or health insurance coverage, Medicaid, and the Children's Health Insurance Program by providing information, referral, and assistance; and (5) assist consumers in resolving problems with obtaining premium tax credits under section 36B of the Internal Revenue Code of 1986 by providing information, referral, and assistance. (d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary and State public and private health insurance regulators on the types of problems and inquiries encountered by consumers relating to mental health or substance use disorder benefits. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies. (e) Funding.-- (1) Initial funding.--There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available until expended. (2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. <all>

This bill increases oversight of the insurance coverage parity requirements for mental health and substance use disorder, including providing a process for auditing insurance providers and filing formal complaints for violations of the requirements.

SHORT TITLE. 2. In addition, the Secretary may, in cooperation with the Secretaries of Labor and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ''; and (E) in clause (iv)-- (i) in subclause (I)-- (I) by striking ``requested under clause (i)'' and inserting ``reviewed under clause (i)''; and (II) by striking ``after the final determination by the Secretary described in clause (iii)(I)(bb)'' and inserting ``by the Secretary as described in clause (iii)(I)''; (ii) in subclause (II), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iii) in subclause (III), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iv) in subclause (IV)-- (I) by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; and (II) by striking ``and'' at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: ``(VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); ``(VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and ``(VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. Such audits shall be conducted on no fewer than 40 plans per calendar year (not including any reviews conducted under such subparagraph). ``(II) Inpatient, out-of-network claims. CONSUMER PARITY UNIT FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY VIOLATIONS. (a) Definitions.--In this section: (1) Applicable state authority.--The term ``applicable State authority'' has the meaning given the term in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-26); (B) section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. 1185a(a)(8)), and section 9812(a)(8) of the Internal Revenue Code of 1986. (C) Other covered plans.--In the case of a covered plan that is not a specified covered plan, the Federal agency charged with the administration or supervision of such plan shall ensure that such plan complies with the provisions of paragraph (3). 4.

2. ''; and (E) in clause (iv)-- (i) in subclause (I)-- (I) by striking ``requested under clause (i)'' and inserting ``reviewed under clause (i)''; and (II) by striking ``after the final determination by the Secretary described in clause (iii)(I)(bb)'' and inserting ``by the Secretary as described in clause (iii)(I)''; (ii) in subclause (II), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iii) in subclause (III), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iv) in subclause (IV)-- (I) by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; and (II) by striking ``and'' at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: ``(VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); ``(VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and ``(VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ``(II) Inpatient, out-of-network claims. CONSUMER PARITY UNIT FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY VIOLATIONS. (a) Definitions.--In this section: (1) Applicable state authority.--The term ``applicable State authority'' has the meaning given the term in section 2791 of the Public Health Service Act (42 U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (C) Other covered plans.--In the case of a covered plan that is not a specified covered plan, the Federal agency charged with the administration or supervision of such plan shall ensure that such plan complies with the provisions of paragraph (3).

SHORT TITLE. 2. In addition, the Secretary may, in cooperation with the Secretaries of Labor and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ''; and (E) in clause (iv)-- (i) in subclause (I)-- (I) by striking ``requested under clause (i)'' and inserting ``reviewed under clause (i)''; and (II) by striking ``after the final determination by the Secretary described in clause (iii)(I)(bb)'' and inserting ``by the Secretary as described in clause (iii)(I)''; (ii) in subclause (II), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iii) in subclause (III), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iv) in subclause (IV)-- (I) by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; and (II) by striking ``and'' at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: ``(VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); ``(VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and ``(VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. Such audits shall be conducted on no fewer than 40 plans per calendar year (not including any reviews conducted under such subparagraph). ``(ii) Network adequacy data.--Data comparing the network adequacy of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. ``(II) Inpatient, out-of-network claims. CONSUMER PARITY UNIT FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY VIOLATIONS. (a) Definitions.--In this section: (1) Applicable state authority.--The term ``applicable State authority'' has the meaning given the term in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-26); (B) section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. 1396 et seq.). 1185a(a)(8)), and section 9812(a)(8) of the Internal Revenue Code of 1986. (C) Other covered plans.--In the case of a covered plan that is not a specified covered plan, the Federal agency charged with the administration or supervision of such plan shall ensure that such plan complies with the provisions of paragraph (3). 4.

SHORT TITLE. 2. 300gg-26(a)(8)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i)-- (A) by inserting ``(including entities that provide administrative services in connection with a group health plan, such as third party administrators)'' after ``insurance coverage''; and (B) by striking ``and, beginning 45 days after'' and all that follows through ``upon request,'' and inserting ``and submit to the Secretary (or the Secretary of Labor or the Secretary of the Treasury, as applicable), on an annual basis (and at any other time upon request of the Secretary), and to the applicable State authority upon request,''; (2) in subparagraph (B)-- (A) in the heading, by striking ``request'' and inserting ``review''; (B) in clause (i)-- (i) in the heading, by striking ``Submission upon request'' and inserting ``In general''; (ii) by striking ``shall request'' and all that follows through ``coverage submit'' and insert ``shall conduct a review of''; and (iii) by striking ``shall request not fewer than 20'' and inserting ``shall conduct a review of not fewer than 60''; (C) in clause (ii)-- (i) in the first sentence, by striking ``as requested under clause (i)'' and inserting ``as submitted under such subparagraph''; (ii) in the first sentence, by striking ``to be responsive to the request under clause (i) for'' and inserting ``to enable''; and (iii) in the second sentence, by striking ``, as requested under clause (i)''; (D) in clause (iii)-- (i) in subclause (I), by striking ``, as requested under clause (i),''; and (ii) by adding at the end of subclause (II) the following new sentence: ``The preceding sentence shall not apply with respect to disclosures made on or after the date of the enactment of this sentence. In addition, the Secretary may, in cooperation with the Secretaries of Labor and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ''; and (E) in clause (iv)-- (i) in subclause (I)-- (I) by striking ``requested under clause (i)'' and inserting ``reviewed under clause (i)''; and (II) by striking ``after the final determination by the Secretary described in clause (iii)(I)(bb)'' and inserting ``by the Secretary as described in clause (iii)(I)''; (ii) in subclause (II), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iii) in subclause (III), by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; (iv) in subclause (IV)-- (I) by striking ``the comparative analyses requested under clause (i)'' and inserting ``such comparative analyses''; and (II) by striking ``and'' at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: ``(VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); ``(VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and ``(VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. Such audits shall be conducted on no fewer than 40 plans per calendar year (not including any reviews conducted under such subparagraph). ``(VI) Prescription drug claims. ``(ii) Network adequacy data.--Data comparing the network adequacy of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. ``(II) Inpatient, out-of-network claims. CONSUMER PARITY UNIT FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY VIOLATIONS. (a) Definitions.--In this section: (1) Applicable state authority.--The term ``applicable State authority'' has the meaning given the term in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-26); (B) section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. 1396 et seq.). 1185a(a)(8)), and section 9812(a)(8) of the Internal Revenue Code of 1986. (C) Other covered plans.--In the case of a covered plan that is not a specified covered plan, the Federal agency charged with the administration or supervision of such plan shall ensure that such plan complies with the provisions of paragraph (3). SEC. 4. (2) Criteria.--A State that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. a) Public Health Service Act.--Section 2726(a)(8) of the Public Health Service Act (42 U.S.C. The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(III) Outpatient, in-network claims. The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. Such audits shall be conducted on no fewer than 40 plans per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(IV) Outpatient, out-of-network claims. 4) Mental health parity law.--The term ``mental health parity law'' means-- (A) section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26); (B) section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a); (C) section 9812 of the Internal Revenue Code of 1986; or (D) any other Federal law that applies the requirements under any of the sections described in subparagraph (A), (B), or (C), or requirements that are substantially similar to the requirements under any such section, as determined by the Secretary, to creditable coverage. ( 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). ( c) Website Portal.--The Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall make available on the website portal established under subsection (b)(1)(B)-- (1) any guidance and any reports issued by the Secretary, the Secretary of Labor, or the Secretary of the Treasury, under section 2726 of the Public Health Service Act (42 U.S.C. 2) Timely response to regulators.--A specified covered plan shall provide a response (in writing if appropriate) within 7 days to the appropriate State or Federal enforcement agency having jurisdiction over such plan (or, in the case such plan is a State plan (or wavier of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), to the Secretary of Health and Human Services) concerning a consumer complaint or inquiry submitted to the consumer parity unit established under this section including-- (A) steps that have been taken by the plan to respond to the complaint or inquiry of the consumer; (B) any responses received by the plan from the consumer; and (C) follow-up actions or planned follow-up actions by the plan in response to the complaint or inquiry of the consumer. ( 4) Enforcement.-- (A) Private insurance.--The provisions of paragraphs (2) and (3) shall apply to group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) as if such provisions were included in part D of title XXVII of such Act (42 U.S.C. 300g-111 et seq. ), part 7 of title I of the Employee Retirement Act of 1974 (29 U.S.C. 1181 et seq. ), ii) Medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (I) in paragraph (86), by striking ``; and'' at the end; (II) in paragraph (87)(D), by striking the period and inserting ``; and''; and (III) by inserting after paragraph (87) the following new paragraph: ``(88) provide for compliance with the provisions of paragraphs (2) and (3) of section 3(d) of the Behavioral Health Coverage Transparency Act of 2022.''. ( (e) Reports.-- (1) In general.--Not later than December 31 of each year, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall submit a report to Congress on the complaints received by the consumer parity unit established under this section in the prior year regarding covered plans. ( 2) Contents.--Each such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints, including the identity of the group health plan or health insurance issuer that is the subject of such a complaint. ( (g) Privacy Considerations.-- (1) In general.--In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. ( h) Collaboration.-- (1) Agreements with other agencies.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section. 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( i) Funding.-- (1) Initial funding.--There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. (2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to States to enable such States (or the Exchanges established under the Patient Protection and Affordable Care Act (Public Law 111-148) operating in such States) to establish, expand, or provide support for-- (1) offices of health insurance consumer assistance; or (2) health insurance ombudsman programs, in order to enable such offices and programs to carry out the activities described in subsection (c). ( d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary and State public and private health insurance regulators on the types of problems and inquiries encountered by consumers relating to mental health or substance use disorder benefits. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies. ( e) Funding.-- (1) Initial funding.--There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000,000 for the first fiscal year for which this section applies to carry out this section.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. a) Public Health Service Act.--Section 2726(a)(8) of the Public Health Service Act (42 U.S.C. The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Labor and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(VI) Prescription drug claims.''. ( The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Health and Human Services and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ``(II) Inpatient, out-of-network claims. ``(III) Outpatient, in-network claims. ``(VI) Prescription drug claims.''. ( The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( Such audits shall be conducted on no fewer than 40 plans per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. ``(III) Outpatient, in-network claims. ``(ii) Network adequacy data.--Data comparing the network adequacy of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. ``(III) Outpatient, in-network claims. 3) Creditable coverage.--The term ``creditable coverage'' has the meaning given the term in section 2704(c) of the Public Health Service Act (42 U.S.C. 300gg-3(c)). ( 1185a); (C) section 9812 of the Internal Revenue Code of 1986; or (D) any other Federal law that applies the requirements under any of the sections described in subparagraph (A), (B), or (C), or requirements that are substantially similar to the requirements under any such section, as determined by the Secretary, to creditable coverage. ( 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). ( 2) Timely response to regulators.--A specified covered plan shall provide a response (in writing if appropriate) within 7 days to the appropriate State or Federal enforcement agency having jurisdiction over such plan (or, in the case such plan is a State plan (or wavier of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), 3) Provision of information to consumers.-- (A) In general.--A covered plan shall comply with a consumer request for information in the control or possession of such covered plan concerning the coverage the consumer obtained from such covered plan within 7 days of receipt of such request. (B) Exceptions.--Notwithstanding subparagraph (A), a covered plan, and any agency or entity having jurisdiction over a covered plan, may not be required by this paragraph to make available to the consumer any information required to be kept confidential by any other provision of law. ( 4) Enforcement.-- (A) Private insurance.--The provisions of paragraphs (2) and (3) shall apply to group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) as if such provisions were included in part D of title XXVII of such Act (42 U.S.C. 300g-111 et seq. ), (e) Reports.-- (1) In general.--Not later than December 31 of each year, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall submit a report to Congress on the complaints received by the consumer parity unit established under this section in the prior year regarding covered plans. ( g) Privacy Considerations.-- (1) In general.--In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. h) Collaboration.-- (1) Agreements with other agencies.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section. ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. (i) Funding.-- (1) Initial funding.--There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to States to enable such States (or the Exchanges established under the Patient Protection and Affordable Care Act (Public Law 111-148) operating in such States) to establish, expand, or provide support for-- (1) offices of health insurance consumer assistance; or (2) health insurance ombudsman programs, in order to enable such offices and programs to carry out the activities described in subsection (c). ( d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary and State public and private health insurance regulators on the types of problems and inquiries encountered by consumers relating to mental health or substance use disorder benefits. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies. ( (2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). ``(III) Outpatient, in-network claims. ( The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). ( 2) Timely response to regulators.--A specified covered plan shall provide a response (in writing if appropriate) within 7 days to the appropriate State or Federal enforcement agency having jurisdiction over such plan (or, in the case such plan is a State plan (or wavier of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), g) Privacy Considerations.-- (1) In general.--In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. h) Collaboration.-- (1) Agreements with other agencies.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section. ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( ( (2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). ``(II) Inpatient, out-of-network claims. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. ``(III) Outpatient, in-network claims. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). to the Secretary of Health and Human Services) concerning a consumer complaint or inquiry submitted to the consumer parity unit established under this section including-- (A) steps that have been taken by the plan to respond to the complaint or inquiry of the consumer; (B) any responses received by the plan from the consumer; and (C) follow-up actions or planned follow-up actions by the plan in response to the complaint or inquiry of the consumer. ( 4) Enforcement.-- (A) Private insurance.--The provisions of paragraphs (2) and (3) shall apply to group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) as if such provisions were included in part D of title XXVII of such Act (42 U.S.C. 300g-111 et seq. ), part 7 of title I of the Employee Retirement Act of 1974 (29 U.S.C. 1181 et seq. ), ( 2) Contents.--Each such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints, including the identity of the group health plan or health insurance issuer that is the subject of such a complaint. ( ( g) Privacy Considerations.-- (1) In general.--In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( 2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. ( d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary and State public and private health insurance regulators on the types of problems and inquiries encountered by consumers relating to mental health or substance use disorder benefits. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies. (

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). ``(III) Outpatient, in-network claims. ( The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). ( 2) Timely response to regulators.--A specified covered plan shall provide a response (in writing if appropriate) within 7 days to the appropriate State or Federal enforcement agency having jurisdiction over such plan (or, in the case such plan is a State plan (or wavier of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), g) Privacy Considerations.-- (1) In general.--In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. h) Collaboration.-- (1) Agreements with other agencies.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section. ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( ( (2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). 4) Enforcement.-- (A) Private insurance.--The provisions of paragraphs (2) and (3) shall apply to group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) as if such provisions were included in part D of title XXVII of such Act (42 U.S.C. 300g-111 et seq. ), ), ( 2) Contents.--Each such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints, including the identity of the group health plan or health insurance issuer that is the subject of such a complaint. ( ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( ( d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary and State public and private health insurance regulators on the types of problems and inquiries encountered by consumers relating to mental health or substance use disorder benefits. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies. (

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). ``(III) Outpatient, in-network claims. ( The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ''; ( 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). ( 2) Timely response to regulators.--A specified covered plan shall provide a response (in writing if appropriate) within 7 days to the appropriate State or Federal enforcement agency having jurisdiction over such plan (or, in the case such plan is a State plan (or wavier of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), g) Privacy Considerations.-- (1) In general.--In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. h) Collaboration.-- (1) Agreements with other agencies.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section. ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( ( (2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. ``(iii) Reimbursement rates.--Data comparing the reimbursement rates of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: ``(I) Inpatient, in-network claims. 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). 4) Enforcement.-- (A) Private insurance.--The provisions of paragraphs (2) and (3) shall apply to group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) as if such provisions were included in part D of title XXVII of such Act (42 U.S.C. 300g-111 et seq. ), ), ( 2) Contents.--Each such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints, including the identity of the group health plan or health insurance issuer that is the subject of such a complaint. ( ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( ( d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary and State public and private health insurance regulators on the types of problems and inquiries encountered by consumers relating to mental health or substance use disorder benefits. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies. (

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). ( ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( ( ( 2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits. 6) Specified covered plan.--The term ``specified covered plan'' means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). ), ), ( 2) Contents.--Each such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints, including the identity of the group health plan or health insurance issuer that is the subject of such a complaint. ( ( 3) Assistance to states.--The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. ( (

This bill requires employers to report to the Department of Labor and the Internal Revenue Service (IRS) on the status of mental health and substance use disorder benefits under their employee retirement plans. Specifically, the bill requires such plans to (1) report on their coverage of mental and substance-use disorder benefits on an annual basis, and (2) submit to the IRS a list of entities that provide administrative services in connection with a group health plan, such as third party administrators; and (3) submit an annual report on the number of individuals who are eligible for such benefits.

This bill requires entities that provide administrative services in connection with a group health plan to conduct a review of mental health and substance use disorder benefits on an annual basis.

This bill establishes a Consumer Parity Unit within the Department of Health and Human Services (HHS) to review and report on mental health and substance use disorder parity violations. Specifically, the unit must review, report on, and make recommendations to prevent mental health parity violations in health insurance plans.

This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a consumer parity unit for mental health insurance plans. The bill also requires the CMS to conduct annual comparative analyses of mental health plans and health insurance issuers. The CMS must also conduct audits of such plans to determine compliance with the requirements.

This bill requires the Centers for Medicare & Medicaid Services (CMS) to conduct annual comparative analyses of the network adequacy of group health plans (including entities that provide administrative services in connection with a group health plan) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment.

This bill requires private health insurance plans to conduct annual audits of administrative services in connection with a group health plan. The Department of Health and Human Services (HHS) must conduct such audits on an annual basis. HHS may also conduct audits on plans or coverage with respect to which a complaint has been submitted.

This bill requires health insurance plans to cover mental health and substance use disorder benefits equal to those of other plans. The bill also establishes a consumer parity unit within the Department of Health and Human Services (HHS) to monitor and report on violations of this requirement.

This bill establishes a consumer parity unit within the Department of Health and Human Services (HHS) to review and report on health insurance coverage of mental health and substance use disorder benefits. Specifically, the bill requires HHS to establish the unit to (1) conduct audits of health insurance plans that cover mental health services, substance use services, and medical and surgical services; and (2) establish a grant program for states to increase the capacity of state governments to work with the unit.

SourceFile This Act may be cited as the ``Behavioral Health Coverage                Transparency Act of 2022''.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=---=-=-=--=-=--=-=-=---=-=-==----=-===-----=------------- ----- --- -------- ---- -- ---- -- ----- - ---- - -- -- -- - --- --- -- ----- --- =-=-=-=-=-=-=-=-=-=-- -- - --- - - -- -

Transportation and Public Works

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Funding Our Roads and Ecosystems Sustainably Together Act'' or the ``FOREST Act''. SEC. 2. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''. <all>

This bill reauthorizes through FY2027 Forest Service federal land and tribal transportation programs.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Funding Our Roads and Ecosystems Sustainably Together Act'' or the ``FOREST Act''. SEC. 2. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''. <all>

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Funding Our Roads and Ecosystems Sustainably Together Act'' or the ``FOREST Act''. SEC. 2. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''. <all>

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Funding Our Roads and Ecosystems Sustainably Together Act'' or the ``FOREST Act''. SEC. 2. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''. <all>

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Funding Our Roads and Ecosystems Sustainably Together Act'' or the ``FOREST Act''. SEC. 2. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''. <all>

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

To amend the FAST Act to authorize appropriations for the United States Forest Service, and for other purposes. Section 1101(a)(3)(B)(ii)(III) of the FAST Act (Public Law 114-94) is amended-- (1) in item (dd) by striking ``and''; (2) in item (ee) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(ff) $250,000,000 for fiscal year 2023; ``(gg) $255,000,000 for fiscal year 2024; ``(hh) $260,000,000 for fiscal year 2025; ``(ii) $265,000,000 for fiscal year 2026; and ``(jj) $270,000,000 for fiscal year 2027.''.

This bill provides FY2023 and FY2024 appropriations for the U.S. Forest Service (USFS). The bill provides appropriations to the USFS for the following programs and activities:

This bill provides FY2022 and FY2027 appropriations for the U.S. Forest Service. Specifically, the bill provides appropriations to the Forest Service for (1) the Federal Lands Transportation Program, (2) the Bureau of Land Management, and (3) the Department of Agriculture.

This bill authorizes FY2023-FY2027 appropriations for the U.S. Forest Service.

This bill authorizes FY2023-FY2027 appropriations for the U.S. Forest Service.

This bill authorizes FY2023-FY2027 appropriations for the U.S. Forest Service.

This bill authorizes FY2023-FY2027 appropriations for the U.S. Forest Service.

This bill authorizes FY2023 and FY2026 appropriations for the U.S. Forest Service.

This bill authorizes FY2023-FY2027 appropriations for the U.S. Forest Service.

To amend the FAST Act to authorize appropriations for the United States                 The United States of America in Congress assembled, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=---=-=-=-=-=-=-=-=-=-=-+=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-==-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=--=-=-=--=-=-=-=-=-=-=-_=-=--=-=-_==-=-__=-_=-_-=-_-_-_-=-=-=-(-_-=--_-_-(-_-_-)-_-_--_-=-(-

International Affairs

Calendar No. 117 117th CONGRESS 1st Session S. J. RES. 10 To repeal the authorizations for use of military force against Iraq, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Kaine (for himself, Mr. Young, Ms. Duckworth, Mr. Lee, Mr. Coons, Mr. Grassley, Mr. Paul, Mr. Durbin, Mr. Markey, Mr. Wyden, Ms. Murkowski, Mr. Heinrich, Mr. Lujan, Ms. Baldwin, Mr. Leahy, Ms. Warren, Mr. Booker, Mrs. Feinstein, Ms. Smith, Mr. Cardin, Mr. Padilla, Mr. Schatz, Mr. Moran, Mr. Hickenlooper, Mr. Warnock, Ms. Klobuchar, Mr. Tester, Mr. Bennet, Mr. Merkley, Mr. Reed, Mrs. Murray, Mr. Marshall, Mr. Braun, and Ms. Collins) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations August 4, 2021 Reported by Mr. Menendez, without amendment _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. Whereas the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541), enacted September 18, 2001, and is not independently required to authorize any such activities; Whereas repealing the 1991 AUMF and the 2002 AUMF would therefore not affect ongoing United States military operations; Whereas, since 2014, United States military forces have operated in Iraq at the request of the Government of Iraq for the sole purpose of supporting its efforts to combat ISIS, consistent with the Strategic Framework Agreement that Iraq and the United States signed on November 17, 2008; Whereas, during a press briefing on December 24, 2020, Commander of the United States Central Command, General Frank McKenzie, reiterated that United States forces are in Iraq ``at their invitation''; Whereas Secretary of State Antony J. Blinken and Prime Minister Mustafa Al- Kadhimi of Iraq discussed ``the Iraqi government's responsibility and commitment to protect U.S. and Coalition personnel in Iraq at the government's invitation to fight ISIS'' in a February 16, 2021, phone call; Whereas Secretary of Defense Lloyd J. Austin III stated on February 19, 2021, that he ``welcomed that expanded NATO mission in Iraq that responds to the desires and aspirations of the Iraqi government''; Whereas, in a February 23, 2021, call with Prime Minister Mustafa Al-Kadhimi of Iraq, President Joseph R. Biden affirmed United States support for Iraq's ``sovereignty and independence''; Whereas neither the 1991 AUMF nor the 2002 AUMF are being used as the sole legal basis for any detention of enemy combatants currently held by the United States; and Whereas authorizations for the use of military force that are no longer necessary should have a clear political and legal ending: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed. SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed. Calendar No. 117 117th CONGRESS 1st Session S. J. RES. 10 _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. _______________________________________________________________________ August 4, 2021 Reported without amendment

This joint resolution repeals specified authorizations for the use of military force against Iraq.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Kaine (for himself, Mr. Young, Ms. Duckworth, Mr. Lee, Mr. Coons, Mr. Grassley, Mr. Paul, Mr. Durbin, Mr. Markey, Mr. Wyden, Ms. Murkowski, Mr. Heinrich, Mr. Lujan, Ms. Baldwin, Mr. Leahy, Ms. Warren, Mr. Booker, Mrs. Feinstein, Ms. Smith, Mr. Cardin, Mr. Padilla, Mr. Schatz, Mr. Moran, Mr. Hickenlooper, Mr. Warnock, Ms. Klobuchar, Mr. Tester, Mr. Bennet, Mr. Merkley, Mr. Reed, Mrs. Murray, Mr. Marshall, Mr. Braun, and Ms. Collins) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations August 4, 2021 Reported by Mr. Menendez, without amendment _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. SEC. 2. 1498; 50 U.S.C. 1541 note) is hereby repealed. Calendar No. 117 117th CONGRESS 1st Session S. J. RES.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Kaine (for himself, Mr. Young, Ms. Duckworth, Mr. Lee, Mr. Coons, Mr. Grassley, Mr. Paul, Mr. Durbin, Mr. Markey, Mr. Wyden, Ms. Murkowski, Mr. Heinrich, Mr. Lujan, Ms. Baldwin, Mr. Leahy, Ms. Warren, Mr. Booker, Mrs. Feinstein, Ms. Smith, Mr. Cardin, Mr. Padilla, Mr. Schatz, Mr. Moran, Mr. Hickenlooper, Mr. Warnock, Ms. Klobuchar, Mr. Tester, Mr. Bennet, Mr. Merkley, Mr. Reed, Mrs. Murray, Mr. Marshall, Mr. Braun, and Ms. Collins) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations August 4, 2021 Reported by Mr. Menendez, without amendment _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. SEC. 2. 1498; 50 U.S.C. 1541 note) is hereby repealed. Calendar No. 117 117th CONGRESS 1st Session S. J. RES.

Calendar No. 117 117th CONGRESS 1st Session S. J. RES. 10 To repeal the authorizations for use of military force against Iraq, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Kaine (for himself, Mr. Young, Ms. Duckworth, Mr. Lee, Mr. Coons, Mr. Grassley, Mr. Paul, Mr. Durbin, Mr. Markey, Mr. Wyden, Ms. Murkowski, Mr. Heinrich, Mr. Lujan, Ms. Baldwin, Mr. Leahy, Ms. Warren, Mr. Booker, Mrs. Feinstein, Ms. Smith, Mr. Cardin, Mr. Padilla, Mr. Schatz, Mr. Moran, Mr. Hickenlooper, Mr. Warnock, Ms. Klobuchar, Mr. Tester, Mr. Bennet, Mr. Merkley, Mr. Reed, Mrs. Murray, Mr. Marshall, Mr. Braun, and Ms. Collins) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations August 4, 2021 Reported by Mr. Menendez, without amendment _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. Whereas the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541), enacted September 18, 2001, and is not independently required to authorize any such activities; Whereas repealing the 1991 AUMF and the 2002 AUMF would therefore not affect ongoing United States military operations; Whereas, since 2014, United States military forces have operated in Iraq at the request of the Government of Iraq for the sole purpose of supporting its efforts to combat ISIS, consistent with the Strategic Framework Agreement that Iraq and the United States signed on November 17, 2008; Whereas, during a press briefing on December 24, 2020, Commander of the United States Central Command, General Frank McKenzie, reiterated that United States forces are in Iraq ``at their invitation''; Whereas Secretary of State Antony J. Blinken and Prime Minister Mustafa Al- Kadhimi of Iraq discussed ``the Iraqi government's responsibility and commitment to protect U.S. and Coalition personnel in Iraq at the government's invitation to fight ISIS'' in a February 16, 2021, phone call; Whereas Secretary of Defense Lloyd J. Austin III stated on February 19, 2021, that he ``welcomed that expanded NATO mission in Iraq that responds to the desires and aspirations of the Iraqi government''; Whereas, in a February 23, 2021, call with Prime Minister Mustafa Al-Kadhimi of Iraq, President Joseph R. Biden affirmed United States support for Iraq's ``sovereignty and independence''; Whereas neither the 1991 AUMF nor the 2002 AUMF are being used as the sole legal basis for any detention of enemy combatants currently held by the United States; and Whereas authorizations for the use of military force that are no longer necessary should have a clear political and legal ending: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed. SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed. Calendar No. 117 117th CONGRESS 1st Session S. J. RES. 10 _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. _______________________________________________________________________ August 4, 2021 Reported without amendment

Calendar No. 117 117th CONGRESS 1st Session S. J. RES. 10 To repeal the authorizations for use of military force against Iraq, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Kaine (for himself, Mr. Young, Ms. Duckworth, Mr. Lee, Mr. Coons, Mr. Grassley, Mr. Paul, Mr. Durbin, Mr. Markey, Mr. Wyden, Ms. Murkowski, Mr. Heinrich, Mr. Lujan, Ms. Baldwin, Mr. Leahy, Ms. Warren, Mr. Booker, Mrs. Feinstein, Ms. Smith, Mr. Cardin, Mr. Padilla, Mr. Schatz, Mr. Moran, Mr. Hickenlooper, Mr. Warnock, Ms. Klobuchar, Mr. Tester, Mr. Bennet, Mr. Merkley, Mr. Reed, Mrs. Murray, Mr. Marshall, Mr. Braun, and Ms. Collins) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations August 4, 2021 Reported by Mr. Menendez, without amendment _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. Whereas the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541), enacted September 18, 2001, and is not independently required to authorize any such activities; Whereas repealing the 1991 AUMF and the 2002 AUMF would therefore not affect ongoing United States military operations; Whereas, since 2014, United States military forces have operated in Iraq at the request of the Government of Iraq for the sole purpose of supporting its efforts to combat ISIS, consistent with the Strategic Framework Agreement that Iraq and the United States signed on November 17, 2008; Whereas, during a press briefing on December 24, 2020, Commander of the United States Central Command, General Frank McKenzie, reiterated that United States forces are in Iraq ``at their invitation''; Whereas Secretary of State Antony J. Blinken and Prime Minister Mustafa Al- Kadhimi of Iraq discussed ``the Iraqi government's responsibility and commitment to protect U.S. and Coalition personnel in Iraq at the government's invitation to fight ISIS'' in a February 16, 2021, phone call; Whereas Secretary of Defense Lloyd J. Austin III stated on February 19, 2021, that he ``welcomed that expanded NATO mission in Iraq that responds to the desires and aspirations of the Iraqi government''; Whereas, in a February 23, 2021, call with Prime Minister Mustafa Al-Kadhimi of Iraq, President Joseph R. Biden affirmed United States support for Iraq's ``sovereignty and independence''; Whereas neither the 1991 AUMF nor the 2002 AUMF are being used as the sole legal basis for any detention of enemy combatants currently held by the United States; and Whereas authorizations for the use of military force that are no longer necessary should have a clear political and legal ending: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed. SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed. Calendar No. 117 117th CONGRESS 1st Session S. J. RES. 10 _______________________________________________________________________ JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. _______________________________________________________________________ August 4, 2021 Reported without amendment

117 117th CONGRESS 1st Session S. J. RES. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 3; 50 U.S.C. 1541 note) is hereby repealed.

117 117th CONGRESS 1st Session S. J. RES. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 1498; 50 U.S.C. 1541 note) is hereby repealed. 117 117th CONGRESS 1st Session S. J. RES. August 4, 2021 Reported without amendment

117 117th CONGRESS 1st Session S. J. RES. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 1498; 50 U.S.C. 1541 note) is hereby repealed. 117 117th CONGRESS 1st Session S. J. RES. August 4, 2021 Reported without amendment

117 117th CONGRESS 1st Session S. J. RES. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 3; 50 U.S.C. 1541 note) is hereby repealed.

117 117th CONGRESS 1st Session S. J. RES. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 1498; 50 U.S.C. 1541 note) is hereby repealed. 117 117th CONGRESS 1st Session S. J. RES. August 4, 2021 Reported without amendment

117 117th CONGRESS 1st Session S. J. RES. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 3; 50 U.S.C. 1541 note) is hereby repealed.

117 117th CONGRESS 1st Session S. J. RES. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 1498; 50 U.S.C. 1541 note) is hereby repealed. 117 117th CONGRESS 1st Session S. J. RES. August 4, 2021 Reported without amendment

117 117th CONGRESS 1st Session S. J. RES. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 3; 50 U.S.C. 1541 note) is hereby repealed.

117 117th CONGRESS 1st Session S. J. RES. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 1498; 50 U.S.C. 1541 note) is hereby repealed. 117 117th CONGRESS 1st Session S. J. RES. August 4, 2021 Reported without amendment

117 117th CONGRESS 1st Session S. J. RES. 3; 50 U.S.C. 1541 note), enacted on January 14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243; 116 Stat. 1541 note), enacted on October 16, 2002 (in this preamble ``the 2002 AUMF''), currently remain valid law; Whereas recent presidential administrations have maintained that the 2002 AUMF only serves to ``reinforce'' any legal authority to combat ISIS provided by the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. 3; 50 U.S.C. 1541 note) is hereby repealed.

This joint resolution repeals the authorizations for use of military force against Iraq.

This joint resolution repeals the authorizations for use of military force against Iraq.

This joint resolution repeals the authorizations for use of military force against Iraq, and for other purposes.

This joint resolution repeals the authorizations for use of military force against Iraq.

This joint resolution repeals the authorizations for use of military force against Iraq.

This joint resolution repeals the authorizations for use of military force against Iraq.

This joint resolution repeals the Authorization for Use of Military Force (AUMF) that was enacted on October 16, 2002, to combat the Islamic State of Iraq and Syria (ISIS).

This joint resolution repeals the Authorization for Use of Military Force Against Iraq Resolution of 2002, which authorizes the use of military force against Iraq.

Calendar No. 117                 phone117th CONGRESS                 1st Session                S.C. RES. 10                 To repeal the authorizations for use of military force against Iraq,                 الأأفقى في العربية ففي نفاف ني ناكف ــ ـ ن نی ـی فیـ يفۍ ن ه �

International Affairs

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. Be it enacted by the Senate 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 North Korea Humanitarian Assistance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Providing humanitarian assistance, including to countries subject to sanctions imposed by the United States, is an expression of American values that furthers United States interests around the world and is consistent with international humanitarian law. (2) As of February 2020, roughly 10,100,000 people in North Korea are in urgent need of food assistance and roughly 10,400,000 need nutrition support and improved access to basic services, including health care, water, sanitation, and hygiene facilities. (3) More than 40 percent of people in North Korea are undernourished, and 1 in 5 children in the country under the age of 5 is stunted in growth. (4) More than \1/3\ of household drinking water in North Korea is contaminated. (5) Independent experts have identified severe deficiencies in North Korea's public health infrastructure, trained medical personnel, ability to communicate important safety information, and commitment to addressing those deficiencies. (6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). (7) North Korea cannot reliably maintain stocks of drugs to treat diseases such as tuberculosis and HIV/AIDS, posing the risk of interrupted treatments, which can lead to treatment failures and development of resistance to multiple therapies, making treatment significantly more difficult and costly. (8) The spread of COVID-19 in North Korea is likely having devastating consequences for the people of that country who are especially vulnerable to a pandemic because of deficiencies in public health infrastructure. (9) The 2019 Global Health Security Index shows North Korea is the third least prepared country in the world to combat a health security crisis. (10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. (11) Responses to the COVID-19 crisis, including border closings and quarantines have caused economic shock and hampered international efforts that would otherwise be providing life-saving support to the people of North Korea. (12) In its final report published on February 7, 2020, the United Nations Panel of Experts on North Korea found that ``United Nations agencies and humanitarian organizations continue to experience unintended consequences on their humanitarian programmes that make it impossible to operate normally in the Democratic People's Republic of Korea.''. (13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). (14) Nongovernmental organizations that provide humanitarian assistance in North Korea must typically seek simultaneous authorizations from the Department of the Treasury, the Department of State, the Department of Commerce, the 1718 Sanctions Committee, customs officials in the People's Republic of China, and the Government of North Korea, adding further delays to humanitarian access. (15) The 1718 Sanctions Committee issued the document entitled ``Implementation Assistance Notice No. 7'' on August 6, 2018, to clarify the process for granting requests for humanitarian exemptions by the United Nations and to reaffirm that sanctions are not intended to have adverse humanitarian consequences for civilians in North Korea, and this guidance was updated on December 1, 2020 to help streamline permissions for COVID-19-related aid and to extend humanitarian waivers from six to nine months. (16) United States Government travel restrictions impede the access of United States employees of humanitarian organizations inside North Korea and can complicate the monitoring and evaluation procedures that nongovernmental organizations have used to ensure that aid reaches the most vulnerable populations. (17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the interagency review mandated by the President's January 21, 2021 National Security Memorandum 1, offers an opportunity to make appropriate adjustments to United States and multilateral sanctions to ensure that such sanctions do not inadvertently hinder humanitarian access to the people of North Korea; (2) national governments and multilateral authorities must take action to mitigate documented delays and ensure that sanctions imposed with respect to North Korea do not hinder efforts to provide humanitarian relief, including life-saving medical care to combat COVID-19, to the people of North Korea; (3) the Department of the Treasury should provide timely and meaningful responses to requests for specific licenses given that humanitarian organizations typically have a limited time to execute projects that must be approved by multiple United States Government agencies and foreign governments; (4) because humanitarian assistance is unlikely to enable large-scale sanctions evasion and revenue generation, sanctions enforcement should focus on ongoing North Korean activities, including ship-to-ship transfers of coal and other goods, cyberattacks, and the use of forced labor abroad, all highlighted in reports issued by the United Nations Panel of Experts on North Korea and other authoritative sources; (5) financial institutions should recognize and consider the reputational and practical costs of impeding legitimate efforts to deliver life-saving aid to North Korea; and (6) the Department of State's travel ban for humanitarian missions to North Korea is inconsistent with the intent of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122), which explicitly exempts work related to the repatriation of United States veterans' remains. SEC. 4. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Treasury, acting through the Director of the Office of Foreign Assets Control, shall take one or more of the following actions: (1) Modify the humanitarian exception under section 510.512 of the North Korea Sanctions Regulations to cover, in addition to the food and medicine already exempted, goods and other items that are not subject to the Export Administration Regulations and that support humanitarian projects to meet basic human needs in North Korea so that no specific license is required for such items. (2)(A) Modify the North Korea Sanctions Regulations to exempt from a requirement for a specific license a published list of nonsensitive items, in addition to the food and medicine already covered by section 510.512 of the North Korea Sanctions Regulations, used in humanitarian operations in North Korea in furtherance of the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802); (B) ensure that the list reflects the relevant recommendations included in the final report, published on February 7, 2020, of the Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009); and (C) review and republish the list, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, every 180 days and in response to requests by nongovernmental organizations that have previously engaged in authorized humanitarian activities in North Korea. (3) Modify the North Korea Sanctions Regulations so that-- (A) a specific license from the Office of Foreign Assets Control of the Department of the Treasury is not required for partnerships and partnership agreements between nongovernmental organizations and persons owned or controlled by the Government of North Korea that are necessary for nongovernmental organizations to provide otherwise authorized services related to humanitarian activity in North Korea; and (B) a specific license is still required for any partnerships and partnership agreements with persons on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control. (b) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall provide to the appropriate congressional committees a briefing-- (1) for each action described in subsection (a), describing whether the action was taken and providing a justification for the decision to take or not take the action; and (2) detailing the benefits and risks associated with establishing a category of recognized nongovernmental organizations that would be exempt from requirements for specific licenses related to dealings with the Government of North Korea or persons on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control for purposes of transactions involving goods other than food or medicine to support authorized humanitarian activities in North Korea. (c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. (d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. (e) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control and in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes-- (1) a list of specific licenses related to humanitarian assistance in North Korea issued by the Office of Foreign Assets Control in the 120 days preceding submission of the report; (2) a list of requests for specific licenses related to humanitarian assistance in North Korea denied by the Office of Foreign Assets Control in the 120 days preceding submission of the report, with explanations for the denials; (3) a list of requests for specific licenses related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; (4) a list of requests by persons who are not United States citizens, lawful permanent residents, or entities, for sanctions waivers related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; and (5) a description of recent efforts to streamline the process by which nongovernmental organizations engaged in humanitarian activity in North Korea apply for and are granted specific licenses or waivers. SEC. 5. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. (a) In General.--The Secretary of State shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations-- (1) to extend the period for humanitarian exemptions from the 1718 Sanctions Committee to 1 year and remove the limitation on exemption applications per organization per year; and (2) to modify applications for humanitarian exemptions from the 1718 Sanctions Committee to be less burdensome for nongovernmental organizations, drawing as appropriate on successes in approaches taken by other United Nations sanctions committees. (b) Reporting.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State shall submit to the appropriate congressional committees a report-- (1) describing any requests for humanitarian exemptions to the 1718 Sanctions Committee known to have been denied in the 180 days preceding submission of the report or known to have been in process for more than 30 days as of the date of the report, and any known explanations for such denials and delays; (2) detailing any action by a foreign government in the 180 days preceding submission of the report that has delayed or impeded humanitarian assistance approved by the 1718 Sanctions Committee, including the status of obstacles to humanitarian assistance posed by customs officials in the People's Republic of China; and (3) describing efforts in the 180 days preceding submission of the report to establish or maintain an approved banking channel for transactions related to humanitarian assistance for North Korea. SEC. 6. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall offer to provide to the appropriate congressional committees a briefing-- (1) detailing the benefits and risks associated with issuing a ``multi-entry special validation passport'' to individuals employed by a nongovernmental organization and known to be engaged in authorized humanitarian activity in North Korea, with the purpose of reducing costs and delays associated with repeated passport applications; (2) detailing plans to expand eligibility for special validation to travel to North Korea with respect to the repatriation of United States veterans' remains from the Korean War or for appropriate people-to-people exchange related to conflict reduction or family reunification; and (3) setting forth a strategy to otherwise expedite and simplify the process to obtain a special travel permit to travel to North Korea on behalf of a humanitarian organization or to travel to North Korea using a United States passport to deliver or oversee humanitarian assistance. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations. <all>

This bill addresses humanitarian concerns related to sanctions on North Korea. The Office of Foreign Assets Control shall take one or more specified actions relating to U.S. sanctions on North Korea, such as (1) expanding the current humanitarian exception to such sanctions to include items that meet basic human needs and are not subject to the Export Administration Regulations, or (2) exempting certain nonsensitive items for humanitarian operations from specific licensing requirements. For the purposes of such sanctions, personal computers for authorized humanitarian activities by nongovernmental organizations shall not be considered luxury goods. The Department of State shall direct the U.S. representative to the United Nations (UN) to urge the UN to make it less burdensome for nongovernmental organizations to apply for humanitarian exemptions to UN sanctions on North Korea. The State Department shall offer to brief Congress on a strategy to expedite and simplify the process for U.S. passport holders to obtain permission to travel to North Korea to provide humanitarian assistance.

This Act may be cited as the ``Enhancing North Korea Humanitarian Assistance Act''. 2. (6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). (13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). 3. SENSE OF CONGRESS. 4. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. (c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. (e) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control and in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes-- (1) a list of specific licenses related to humanitarian assistance in North Korea issued by the Office of Foreign Assets Control in the 120 days preceding submission of the report; (2) a list of requests for specific licenses related to humanitarian assistance in North Korea denied by the Office of Foreign Assets Control in the 120 days preceding submission of the report, with explanations for the denials; (3) a list of requests for specific licenses related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; (4) a list of requests by persons who are not United States citizens, lawful permanent residents, or entities, for sanctions waivers related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; and (5) a description of recent efforts to streamline the process by which nongovernmental organizations engaged in humanitarian activity in North Korea apply for and are granted specific licenses or waivers. 5. 6. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. SEC. 7. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

This Act may be cited as the ``Enhancing North Korea Humanitarian Assistance Act''. 2. (13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). 3. 4. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. (c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. 5. 6. SEC. 7. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. SHORT TITLE. This Act may be cited as the ``Enhancing North Korea Humanitarian Assistance Act''. 2. FINDINGS. (2) As of February 2020, roughly 10,100,000 people in North Korea are in urgent need of food assistance and roughly 10,400,000 need nutrition support and improved access to basic services, including health care, water, sanitation, and hygiene facilities. (5) Independent experts have identified severe deficiencies in North Korea's public health infrastructure, trained medical personnel, ability to communicate important safety information, and commitment to addressing those deficiencies. (6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). (13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). (17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. 3. SENSE OF CONGRESS. 4. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. (c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. (e) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control and in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes-- (1) a list of specific licenses related to humanitarian assistance in North Korea issued by the Office of Foreign Assets Control in the 120 days preceding submission of the report; (2) a list of requests for specific licenses related to humanitarian assistance in North Korea denied by the Office of Foreign Assets Control in the 120 days preceding submission of the report, with explanations for the denials; (3) a list of requests for specific licenses related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; (4) a list of requests by persons who are not United States citizens, lawful permanent residents, or entities, for sanctions waivers related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; and (5) a description of recent efforts to streamline the process by which nongovernmental organizations engaged in humanitarian activity in North Korea apply for and are granted specific licenses or waivers. 5. 6. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. SEC. 7. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. SHORT TITLE. This Act may be cited as the ``Enhancing North Korea Humanitarian Assistance Act''. 2. FINDINGS. (2) As of February 2020, roughly 10,100,000 people in North Korea are in urgent need of food assistance and roughly 10,400,000 need nutrition support and improved access to basic services, including health care, water, sanitation, and hygiene facilities. (5) Independent experts have identified severe deficiencies in North Korea's public health infrastructure, trained medical personnel, ability to communicate important safety information, and commitment to addressing those deficiencies. (6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). (7) North Korea cannot reliably maintain stocks of drugs to treat diseases such as tuberculosis and HIV/AIDS, posing the risk of interrupted treatments, which can lead to treatment failures and development of resistance to multiple therapies, making treatment significantly more difficult and costly. (11) Responses to the COVID-19 crisis, including border closings and quarantines have caused economic shock and hampered international efforts that would otherwise be providing life-saving support to the people of North Korea. (12) In its final report published on February 7, 2020, the United Nations Panel of Experts on North Korea found that ``United Nations agencies and humanitarian organizations continue to experience unintended consequences on their humanitarian programmes that make it impossible to operate normally in the Democratic People's Republic of Korea.''. (13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). (14) Nongovernmental organizations that provide humanitarian assistance in North Korea must typically seek simultaneous authorizations from the Department of the Treasury, the Department of State, the Department of Commerce, the 1718 Sanctions Committee, customs officials in the People's Republic of China, and the Government of North Korea, adding further delays to humanitarian access. (17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. 3. SENSE OF CONGRESS. 4. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. (b) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall provide to the appropriate congressional committees a briefing-- (1) for each action described in subsection (a), describing whether the action was taken and providing a justification for the decision to take or not take the action; and (2) detailing the benefits and risks associated with establishing a category of recognized nongovernmental organizations that would be exempt from requirements for specific licenses related to dealings with the Government of North Korea or persons on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control for purposes of transactions involving goods other than food or medicine to support authorized humanitarian activities in North Korea. (c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. (e) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control and in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes-- (1) a list of specific licenses related to humanitarian assistance in North Korea issued by the Office of Foreign Assets Control in the 120 days preceding submission of the report; (2) a list of requests for specific licenses related to humanitarian assistance in North Korea denied by the Office of Foreign Assets Control in the 120 days preceding submission of the report, with explanations for the denials; (3) a list of requests for specific licenses related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; (4) a list of requests by persons who are not United States citizens, lawful permanent residents, or entities, for sanctions waivers related to humanitarian assistance in North Korea that have been pending for 30 days or more as of the date of the report, with explanations for the delays; and (5) a description of recent efforts to streamline the process by which nongovernmental organizations engaged in humanitarian activity in North Korea apply for and are granted specific licenses or waivers. 5. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. 6. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. 3) More than 40 percent of people in North Korea are undernourished, and 1 in 5 children in the country under the age of 5 is stunted in growth. ( (6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). ( 10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( (12) In its final report published on February 7, 2020, the United Nations Panel of Experts on North Korea found that ``United Nations agencies and humanitarian organizations continue to experience unintended consequences on their humanitarian programmes that make it impossible to operate normally in the Democratic People's Republic of Korea.''. ( 13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). ( (16) United States Government travel restrictions impede the access of United States employees of humanitarian organizations inside North Korea and can complicate the monitoring and evaluation procedures that nongovernmental organizations have used to ensure that aid reaches the most vulnerable populations. ( 17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. ( 2)(A) Modify the North Korea Sanctions Regulations to exempt from a requirement for a specific license a published list of nonsensitive items, in addition to the food and medicine already covered by section 510.512 of the North Korea Sanctions Regulations, used in humanitarian operations in North Korea in furtherance of the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802); (B) ensure that the list reflects the relevant recommendations included in the final report, published on February 7, 2020, of the Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009); and (C) review and republish the list, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, every 180 days and in response to requests by nongovernmental organizations that have previously engaged in authorized humanitarian activities in North Korea. ( c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. (d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ( 2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). ( (10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( 14) Nongovernmental organizations that provide humanitarian assistance in North Korea must typically seek simultaneous authorizations from the Department of the Treasury, the Department of State, the Department of Commerce, the 1718 Sanctions Committee, customs officials in the People's Republic of China, and the Government of North Korea, adding further delays to humanitarian access. ( (17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. ( d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. ( STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. ( 3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). ( (10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( 14) Nongovernmental organizations that provide humanitarian assistance in North Korea must typically seek simultaneous authorizations from the Department of the Treasury, the Department of State, the Department of Commerce, the 1718 Sanctions Committee, customs officials in the People's Republic of China, and the Government of North Korea, adding further delays to humanitarian access. ( (17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. ( d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. ( STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. ( 3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. 3) More than 40 percent of people in North Korea are undernourished, and 1 in 5 children in the country under the age of 5 is stunted in growth. ( (6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). ( 10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( (12) In its final report published on February 7, 2020, the United Nations Panel of Experts on North Korea found that ``United Nations agencies and humanitarian organizations continue to experience unintended consequences on their humanitarian programmes that make it impossible to operate normally in the Democratic People's Republic of Korea.''. ( 13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). ( (16) United States Government travel restrictions impede the access of United States employees of humanitarian organizations inside North Korea and can complicate the monitoring and evaluation procedures that nongovernmental organizations have used to ensure that aid reaches the most vulnerable populations. ( 17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. ( 2)(A) Modify the North Korea Sanctions Regulations to exempt from a requirement for a specific license a published list of nonsensitive items, in addition to the food and medicine already covered by section 510.512 of the North Korea Sanctions Regulations, used in humanitarian operations in North Korea in furtherance of the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802); (B) ensure that the list reflects the relevant recommendations included in the final report, published on February 7, 2020, of the Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009); and (C) review and republish the list, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, every 180 days and in response to requests by nongovernmental organizations that have previously engaged in authorized humanitarian activities in North Korea. ( c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. (d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ( 2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). ( (10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( 14) Nongovernmental organizations that provide humanitarian assistance in North Korea must typically seek simultaneous authorizations from the Department of the Treasury, the Department of State, the Department of Commerce, the 1718 Sanctions Committee, customs officials in the People's Republic of China, and the Government of North Korea, adding further delays to humanitarian access. ( (17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. ( d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. ( STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. ( 3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. 3) More than 40 percent of people in North Korea are undernourished, and 1 in 5 children in the country under the age of 5 is stunted in growth. ( (6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). ( 10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( (12) In its final report published on February 7, 2020, the United Nations Panel of Experts on North Korea found that ``United Nations agencies and humanitarian organizations continue to experience unintended consequences on their humanitarian programmes that make it impossible to operate normally in the Democratic People's Republic of Korea.''. ( 13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). ( (16) United States Government travel restrictions impede the access of United States employees of humanitarian organizations inside North Korea and can complicate the monitoring and evaluation procedures that nongovernmental organizations have used to ensure that aid reaches the most vulnerable populations. ( 17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. ( 2)(A) Modify the North Korea Sanctions Regulations to exempt from a requirement for a specific license a published list of nonsensitive items, in addition to the food and medicine already covered by section 510.512 of the North Korea Sanctions Regulations, used in humanitarian operations in North Korea in furtherance of the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802); (B) ensure that the list reflects the relevant recommendations included in the final report, published on February 7, 2020, of the Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009); and (C) review and republish the list, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, every 180 days and in response to requests by nongovernmental organizations that have previously engaged in authorized humanitarian activities in North Korea. ( c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. (d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ( 2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 6) North Korea has one of the highest burdens of tuberculosis in the world and humanitarian assistance is critical for countering the spread of deadly infectious diseases such as tuberculosis, HIV/AIDS, Hepatitis B, and the coronavirus disease 2019 (commonly known as ``COVID-19''). ( (10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( 14) Nongovernmental organizations that provide humanitarian assistance in North Korea must typically seek simultaneous authorizations from the Department of the Treasury, the Department of State, the Department of Commerce, the 1718 Sanctions Committee, customs officials in the People's Republic of China, and the Government of North Korea, adding further delays to humanitarian access. ( (17) Humanitarian exceptions in comprehensive sanctions programs, such as the exceptions under section 510.512 of the North Korea Sanctions Regulations, are not effective unless the persons who provide assistance along with their financial institutions, suppliers, shippers, and other entities can make practical use of the exceptions. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS. c) Modification to North Korea Sanctions Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be ``luxury goods''. ( d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS. ( STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. ( 3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. 10) While the Government of North Korea has not reported any cases of COVID-19 in the country, the true extent and results of testing are unknown, and government officials have not historically been open or transparent about humanitarian emergencies facing the people of North Korea. ( ( ( 13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). ( ( 2)(A) Modify the North Korea Sanctions Regulations to exempt from a requirement for a specific license a published list of nonsensitive items, in addition to the food and medicine already covered by section 510.512 of the North Korea Sanctions Regulations, used in humanitarian operations in North Korea in furtherance of the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7802); (B) ensure that the list reflects the relevant recommendations included in the final report, published on February 7, 2020, of the Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009); and (C) review and republish the list, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, every 180 days and in response to requests by nongovernmental organizations that have previously engaged in authorized humanitarian activities in North Korea. ( d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ( 2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. 14) Nongovernmental organizations that provide humanitarian assistance in North Korea must typically seek simultaneous authorizations from the Department of the Treasury, the Department of State, the Department of Commerce, the 1718 Sanctions Committee, customs officials in the People's Republic of China, and the Government of North Korea, adding further delays to humanitarian access. ( ( ( d) Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, acting through the Director of the Office of Foreign Assets Control, shall issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance that-- (1) clarifies the applicability of the humanitarian exception under the North Korea Sanctions Regulations; and (2) describes best practices for ensuring that activities are consistent with that exception. 3) North korea sanctions regulations.--The term ``North Korea Sanctions Regulations'' means the regulations set forth in part 510 of title 31, Code of Federal Regulations, or successor regulations.

To expedite the provision of humanitarian assistance, including life- saving medical care, to the people of North Korea, and for other purposes. 13) Barriers to humanitarian access can result from decisions made or delayed by the Government of North Korea, by the governments of other countries, including the governments of the United States and the People's Republic of China, and by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (in this Act referred to as the ``1718 Sanctions Committee''). ( ( 7802); (B) ensure that the list reflects the relevant recommendations included in the final report, published on February 7, 2020, of the Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (2009); and (C) review and republish the list, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, every 180 days and in response to requests by nongovernmental organizations that have previously engaged in authorized humanitarian activities in North Korea. ( 2) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (

This bill requires the Department of State to expedite the provision of humanitarian assistance, including life-saving medical care, to North Korea.

This bill requires the Department of State to expedite the provision of humanitarian assistance, including life-saving medical care, to North Korea.

This bill requires the Department of the Treasury to modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be luxury goods.

This bill requires the Department of the Treasury to modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be luxury goods.

This bill requires the Department of the Treasury to report to Congress on the status of certain humanitarian assistance to North Korea. Specifically, the report must include (1) a list of specific licenses related to humanitarian assistance in North Korea issued by the Office of Foreign Assets Control in the 120 days preceding submission of the report; (2) requests for such licenses that have been pending for 30 days or more; (3) requests by persons who are not U.S. citizens, lawful permanent residents, or entities to obtain such licenses; and (4) a description of recent efforts to streamline the process by which nongovernment

This bill requires the Department of the Treasury to expedite the provision of humanitarian assistance, including life-saving medical care, to North Korea. Specifically, the bill requires Treasury to (1) report to Congress within 120 days of the enactment of this bill, and (2) submit to the Office of Foreign Assets Control (OFAC) a list of North Korean individuals and entities that have been denied licenses related to humanitarian assistance; and (3) submit a report to the OAC explaining the reasons for denying such licenses. Additionally, Treasury must modify the North Korea Sanctions Regulations so that personal computers and related peripherals that

This bill modifies provisions related to the provision of humanitarian assistance to North Korea. Specifically, the bill requires the Department of the Treasury to (1) issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to humanitarian assistance; and (2) modify the North Korea Sanctions Regulations so that personal computers and related peripherals that support authorized humanitarian activities by nongovernmental organizations are not considered to be luxury goods.

This bill modifies provisions related to humanitarian assistance to North Korea. Specifically, the bill requires the Department of State to (1) publish a list of humanitarian items that are exempt from sanctions; (2) exempt from a requirement for a specific license a published list of nonsensitive items; and (3) issue plainly worded guidance intended for financial institutions, shipping companies, foreign customs officials, and others involved in transactions related to such humanitarian assistance. The bill also requires the Office of Foreign Assets Control to issue guidance that clarifies the applicability of the humanitarian exception and describes best practices for ensuring that activities are consistent with that exception

To expedite the provision of humanitarian assistance, including life- fixme saving medical care, to the people of North Korea, and for other                 the United States of America in Congress assembled, and to the Secretary of State of the United State of America, for the purpose of providing humanitarian assistance to North Korea and other countries subject to United States sanctions, including to countries that have been subject to sanctions imposed by United States, to                 North Korea has not reported to the United Nations, and has not been reported to any United Nations agency, or to any other country, that has been subjected to United

Public Lands and Natural Resources

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baltimore National Heritage Area Reauthorization Act''. SEC. 2. BOUNDARY MODIFICATION AND REAUTHORIZATION OF BALTIMORE NATIONAL HERITAGE AREA. (a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat. 1247) is amended by striking ``entitled'' and all that follows through the period at the end and inserting ``entitled `Baltimore National Heritage Area Proposed Boundary', numbered T10/179,623, and dated February 2022.''. (2) Boundaries.--Section 8005(b)(2)(A) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1247) is amended by striking ``October 2001'' and all that follows through the period at the end and inserting ``July 2020.''. (b) Reauthorization.--Section 8005(i) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1253; 130 Stat. 1491) is amended by striking ``the date that is 15 years after the date of enactment of this Act'' and inserting ``March 30, 2036''. <all>

This bill extends the authority of the Department of the Interior to provide any assistance for the Baltimore National Heritage Area in Maryland through March 30, 2036. It also revises the map and modifies the boundaries of the heritage area.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baltimore National Heritage Area Reauthorization Act''. SEC. 2. BOUNDARY MODIFICATION AND REAUTHORIZATION OF BALTIMORE NATIONAL HERITAGE AREA. (a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat. 1247) is amended by striking ``entitled'' and all that follows through the period at the end and inserting ``entitled `Baltimore National Heritage Area Proposed Boundary', numbered T10/179,623, and dated February 2022.''. (2) Boundaries.--Section 8005(b)(2)(A) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1247) is amended by striking ``October 2001'' and all that follows through the period at the end and inserting ``July 2020.''. (b) Reauthorization.--Section 8005(i) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1253; 130 Stat. 1491) is amended by striking ``the date that is 15 years after the date of enactment of this Act'' and inserting ``March 30, 2036''. <all>

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baltimore National Heritage Area Reauthorization Act''. SEC. 2. BOUNDARY MODIFICATION AND REAUTHORIZATION OF BALTIMORE NATIONAL HERITAGE AREA. (a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat. 1247) is amended by striking ``entitled'' and all that follows through the period at the end and inserting ``entitled `Baltimore National Heritage Area Proposed Boundary', numbered T10/179,623, and dated February 2022.''. (2) Boundaries.--Section 8005(b)(2)(A) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1247) is amended by striking ``October 2001'' and all that follows through the period at the end and inserting ``July 2020.''. (b) Reauthorization.--Section 8005(i) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1253; 130 Stat. 1491) is amended by striking ``the date that is 15 years after the date of enactment of this Act'' and inserting ``March 30, 2036''. <all>

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baltimore National Heritage Area Reauthorization Act''. SEC. 2. BOUNDARY MODIFICATION AND REAUTHORIZATION OF BALTIMORE NATIONAL HERITAGE AREA. (a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat. 1247) is amended by striking ``entitled'' and all that follows through the period at the end and inserting ``entitled `Baltimore National Heritage Area Proposed Boundary', numbered T10/179,623, and dated February 2022.''. (2) Boundaries.--Section 8005(b)(2)(A) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1247) is amended by striking ``October 2001'' and all that follows through the period at the end and inserting ``July 2020.''. (b) Reauthorization.--Section 8005(i) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1253; 130 Stat. 1491) is amended by striking ``the date that is 15 years after the date of enactment of this Act'' and inserting ``March 30, 2036''. <all>

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baltimore National Heritage Area Reauthorization Act''. SEC. 2. BOUNDARY MODIFICATION AND REAUTHORIZATION OF BALTIMORE NATIONAL HERITAGE AREA. (a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat. 1247) is amended by striking ``entitled'' and all that follows through the period at the end and inserting ``entitled `Baltimore National Heritage Area Proposed Boundary', numbered T10/179,623, and dated February 2022.''. (2) Boundaries.--Section 8005(b)(2)(A) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1247) is amended by striking ``October 2001'' and all that follows through the period at the end and inserting ``July 2020.''. (b) Reauthorization.--Section 8005(i) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1253; 130 Stat. 1491) is amended by striking ``the date that is 15 years after the date of enactment of this Act'' and inserting ``March 30, 2036''. <all>

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize and modify the boundary of the Baltimore National Heritage Area, and for other purposes. a) Boundary Modification.-- (1) Map.--Section 8005(a)(4) of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 320101 note; Public Law 111- 11; 123 Stat.

This bill reauthorizes through FY2027 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

This bill reauthorizes through FY2036 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

This bill reauthorizes through FY2036 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

This bill reauthorizes through FY2036 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

This bill reauthorizes through FY2036 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

This bill reauthorizes through FY2036 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

This bill reauthorizes through FY2036 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

This bill reauthorizes through FY2036 and modifies the boundary of the Baltimore National Heritage Area in Maryland.

To amend the Omnibus Public Land Management Act of 2009 to reauthorize                 and modify the boundary of the Baltimore National Heritage Area, and �                 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29)

Labor and Employment

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix the Unemployment Backlogs Act''. SEC. 2. PROHIBITION ON PAYMENT OF ADMINISTRATIVE FUNDING TO STATES WITH HIGH BACKLOG OF UNPROCESSED UNEMPLOYMENT CLAIMS. (a) In General.--In the case of any State in which the Secretary of Labor determines, as of the date of enactment of this Act, that the number of unprocessed unemployment claims in the State is in excess of 45,000, the Secretary of Labor shall make no certification for payment of amounts for unemployment compensation administration under section 302 of the Social Security Act to such State at any time following the date that is 180 days after the date of enactment of this Act unless the Secretary determines at such time that the number of unprocessed unemployment claims in the State has been reduced to zero. (b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing. <all>

This bill suspends federal payments for the administration of unemployment compensation to states that have more than 45,000 unprocessed unemployment claims. These payments must remain suspended until the Department of Labor determines that the number of unprocessed unemployment claims in the state has been reduced to zero.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix the Unemployment Backlogs Act''. SEC. 2. PROHIBITION ON PAYMENT OF ADMINISTRATIVE FUNDING TO STATES WITH HIGH BACKLOG OF UNPROCESSED UNEMPLOYMENT CLAIMS. (a) In General.--In the case of any State in which the Secretary of Labor determines, as of the date of enactment of this Act, that the number of unprocessed unemployment claims in the State is in excess of 45,000, the Secretary of Labor shall make no certification for payment of amounts for unemployment compensation administration under section 302 of the Social Security Act to such State at any time following the date that is 180 days after the date of enactment of this Act unless the Secretary determines at such time that the number of unprocessed unemployment claims in the State has been reduced to zero. (b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing. <all>

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix the Unemployment Backlogs Act''. SEC. 2. PROHIBITION ON PAYMENT OF ADMINISTRATIVE FUNDING TO STATES WITH HIGH BACKLOG OF UNPROCESSED UNEMPLOYMENT CLAIMS. (a) In General.--In the case of any State in which the Secretary of Labor determines, as of the date of enactment of this Act, that the number of unprocessed unemployment claims in the State is in excess of 45,000, the Secretary of Labor shall make no certification for payment of amounts for unemployment compensation administration under section 302 of the Social Security Act to such State at any time following the date that is 180 days after the date of enactment of this Act unless the Secretary determines at such time that the number of unprocessed unemployment claims in the State has been reduced to zero. (b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing. <all>

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix the Unemployment Backlogs Act''. SEC. 2. PROHIBITION ON PAYMENT OF ADMINISTRATIVE FUNDING TO STATES WITH HIGH BACKLOG OF UNPROCESSED UNEMPLOYMENT CLAIMS. (a) In General.--In the case of any State in which the Secretary of Labor determines, as of the date of enactment of this Act, that the number of unprocessed unemployment claims in the State is in excess of 45,000, the Secretary of Labor shall make no certification for payment of amounts for unemployment compensation administration under section 302 of the Social Security Act to such State at any time following the date that is 180 days after the date of enactment of this Act unless the Secretary determines at such time that the number of unprocessed unemployment claims in the State has been reduced to zero. (b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing. <all>

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix the Unemployment Backlogs Act''. SEC. 2. PROHIBITION ON PAYMENT OF ADMINISTRATIVE FUNDING TO STATES WITH HIGH BACKLOG OF UNPROCESSED UNEMPLOYMENT CLAIMS. (a) In General.--In the case of any State in which the Secretary of Labor determines, as of the date of enactment of this Act, that the number of unprocessed unemployment claims in the State is in excess of 45,000, the Secretary of Labor shall make no certification for payment of amounts for unemployment compensation administration under section 302 of the Social Security Act to such State at any time following the date that is 180 days after the date of enactment of this Act unless the Secretary determines at such time that the number of unprocessed unemployment claims in the State has been reduced to zero. (b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing. <all>

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

To prohibit payment of administrative funding to States with a high backlog of unprocessed unemployment claims, and for other purposes. b) Definition of Unprocessed Unemployment Claim.--For purposes of subsection (a), the term ``unprocessed unemployment claim'' means, with respect to a State, a claim for unemployment compensation filed in the State for which a determination of initial eligibility has not been made within 21 days of the date of filing.

This bill prohibits the Department of Labor from certifying amounts for unemployment compensation administration to a state until the number of unprocessed unemployment claims in the state is in excess of 45,000.

This bill prohibits the Department of Labor from certifying to a state that the number of unprocessed unemployment claims in the state is in excess of 45,000 until the number has been reduced to zero.

This bill prohibits the Department of Labor from certifying to a state that the number of unprocessed unemployment claims in the state is in excess of 45,000 at any time following the enactment of this bill unless Labor determines that such claims have been reduced to zero.

This bill prohibits the Department of Labor from making no certification for payment of amounts for unemployment compensation administration to a state that has a backlog of unprocessed unemployment claims in excess of 45,000 at any time following the date that is 180 days after this bill's enactment unless Labor determines that the number of such claims has been reduced to zero.

This bill prohibits the Department of Labor from certifying to a state that the number of unprocessed unemployment claims in the state is in excess of 45,000 until the number has been reduced to zero.

This bill prohibits the Department of Labor from certifying to a state that the number of unprocessed unemployment claims in the state is in excess of 45,000 until the number has been reduced to zero.

This bill prohibits payment of administrative funding to states with a high backlog of unprocessed unemployment claims.

This bill prohibits the payment of administrative funding to states with a backlog of unprocessed unemployment claims.

To prohibit payment of administrative funding to States with a high                 backlog of unprocessed unemployment claims, and for other purposes.                 Be it enacted by the Senate and House of Representatives of the                United States of America in Congress assembled,                SECTION 1. PROHIBITION ON PAYMENT OF ADMINISTRATIVE FUNDING TO STATES WITH                 (a) HIGH BACKLOG OF UNPROCESSED UNEMPLOYMENT CLAIMS, AND (b) IN GENERAL.--To prohibit the Secretary of Labor from making any certification for payment of any amount under section

Economics and Public Finance

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: TITLE I DEPARTMENT OF THE INTERIOR Bureau of Land Management management of lands and resources For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), $1,400,876,000, to remain available until September 30, 2023; of which $78,724,000 for annual and deferred maintenance and $151,589,000 for the wild horse and burro program, as authorized by Public Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available until expended: Provided, That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations. In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2022, so as to result in a final appropriation estimated at not more than $1,400,876,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights- of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $128,471,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (43 U.S.C. 2605). range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary of the Interior to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further, That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available until expended. administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $10,000: Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further, That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis. United States Fish and Wildlife Service resource management For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,623,907,000, to remain available until September 30, 2023: Provided, That not to exceed $25,279,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, That of the amount appropriated under this heading, $6,813,000, to remain available until September 30, 2024, shall be for projects specified for Stewardship Priorities in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act. construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $29,620,000, to remain available until expended. cooperative endangered species conservation fund For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535), $23,702,000, to remain available until expended, to be derived from the Cooperative Endangered Species Conservation Fund. national wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $13,228,000. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), $50,000,000, to remain available until expended. neotropical migratory bird conservation For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), $6,000,000, to remain available until expended. multinational species conservation fund For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $20,500,000, to remain available until expended. state and tribal wildlife grants For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $80,362,000, to remain available until expended: Provided, That of the amount provided herein, $8,000,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $9,112,000 is for a competitive grant program to implement approved plans for States, territories, and other jurisdictions and at the discretion of affected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $17,112,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary of the Interior shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such projects: Provided further, That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further, That any amount apportioned in 2022 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2023, shall be reapportioned, together with funds appropriated in 2024, in the manner provided herein. administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed one dollar for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft: Provided further, That the Secretary may recover costs for response, assessment, and damages to National Wildlife Refuge System resources from the actions of private parties, or for costs as otherwise provided by Federal, State, or local law, regulation, or court order as a result of the destruction, loss of, or injury to any living or non-living National Wildlife Refuge System resource: Provided further, That the damages described in the preceding proviso shall include the following: compensation for the cost of replacing, restoring or acquiring the equivalent of the damaged National Wildlife Refuge System resource; and either the value of any significant loss of use of a National Wildlife Refuge System resource pending its restoration, replacement or acquisition of an equivalent resource or the value of the National Wildlife Refuge System resource in the event the resource cannot be replaced, restored or an equivalent acquired: Provided further, That any instrumentality, including but not limited to a vessel, vehicle, aircraft, or other equipment or mechanism that destroys, causes the loss of, or injures any living or non-living National Wildlife Refuge System resource or which causes the Secretary to undertake actions to prevent, minimize, or abate destruction, loss of, injury, or risk to such resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, injury, or risk to the same extent as a person is liable: Provided further, That in addition to any other authority to accept donations, the Secretary may accept donations of money or services to meet expected, immediate, or ongoing response costs and damages; response and assessment costs and damages recovered by the Secretary and donations received under this provision shall be available to the Secretary, without further appropriation, and shall remain available until expended, for damage assessments conducted, or for restoration and replacement of National Wildlife Refuge System resources, and shall be managed under the Natural Resource Damage Assessment and Restoration Fund as per 43 U.S.C. 1474b-1: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited under the heading ``United States Fish and Wildlife Service--Resource Management'' and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended. National Park Service operation of the national park system For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,930,065,000, of which $11,452,000 for planning and interagency coordination in support of Everglades restoration and $135,980,000 for maintenance, repair, or rehabilitation projects for constructed assets and $188,184,000 for cyclic maintenance projects for constructed assets and cultural resources and $5,000,000 for uses authorized by section 101122 of title 54, United States Code shall remain available until September 30, 2023: Provided, That funds appropriated under this heading in this Act are available for the purposes of section 5 of Public Law 95-348: Provided further, That notwithstanding section 9 of the 400 Years of African-American History Commission Act (36 U.S.C. note prec. 101; Public Law 115-102), $3,300,000 of the funds provided under this heading shall be made available for the purposes specified by that Act: Provided further, That sections (7)(b) and (8) of that Act shall be amended by striking ``July 1, 2022'' and inserting ``July 1, 2023''. In addition, for purposes described in section 2404 of Public Law 116-9, an amount equal to the amount deposited in this fiscal year into the National Park Medical Services Fund established pursuant to such section of such Act, to remain available until expended, shall be derived from such Fund. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $85,160,000, to remain available until September 30, 2023, of which $3,500,000 shall be for projects specified for Statutory and Contractual Aid in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act. historic preservation fund For expenses necessary in carrying out the National Historic Preservation Act (division A of subtitle III of title 54, United States Code), $180,072,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2023, of which $26,000,000 shall be for Save America's Treasures grants for preservation of nationally significant sites, structures and artifacts as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 3089): Provided, That an individual Save America's Treasures grant shall be matched by non-Federal funds: Provided further, That individual projects shall only be eligible for one grant: Provided further, That all projects to be funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations: Provided further, That of the funds provided for the Historic Preservation Fund, $1,000,000 is for competitive grants for the survey and nomination of properties to the National Register of Historic Places and as National Historic Landmarks associated with communities currently under-represented, as determined by the Secretary; $26,625,000 is for competitive grants to preserve the sites and stories of the Civil Rights movement; $10,000,000 is for grants to Historically Black Colleges and Universities; $10,000,000 is for competitive grants for the restoration of historic properties of national, State, and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without imposing the usage or direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation Act; $10,000,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving state-owned sites and structures listed on the National Register of Historic Places that commemorate the founding of the nation; and $15,772,000 is for projects specified for the Historic Preservation Fund in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act: Provided further, That such competitive grants shall be made without imposing the matching requirements in section 302902(b)(3) of title 54, United States Code to States and Indian tribes as defined in chapter 3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and non-profit organizations. construction For construction, improvements, repair, or replacement of physical facilities, and compliance and planning for programs and areas administered by the National Park Service, $253,113,000, to remain available until expended: Provided, That notwithstanding any other provision of law, for any project initially funded in fiscal year 2022 with a future phase indicated in the National Park Service 5-Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project: Provided further, That the solicitation and contract shall contain the clause availability of funds found at 48 CFR 52.232-18: Provided further, That National Park Service Donations, Park Concessions Franchise Fees, and Recreation Fees may be made available for the cost of adjustments and changes within the original scope of effort for projects funded by the National Park Service Construction appropriation: Provided further, That the Secretary of the Interior shall consult with the Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any charges authorized by the preceding proviso. centennial challenge For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $15,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. administrative provisions (including transfer of funds) In addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203. Transfers may include a reasonable amount for FHWA administrative support costs. United States Geological Survey surveys, investigations, and research For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); conduct inquiries into the economic conditions affecting mining and materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,493,839,000, to remain available until September 30, 2023; of which $84,788,000 shall remain available until expended for satellite operations; and of which $74,664,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost: Provided, That none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities: Provided further, That of the amount appropriated under this heading, $1,000,000 shall be for projects specified for Status and Trends in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act. administrative provisions From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equipment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code: Provided further, That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. Bureau of Ocean Energy Management ocean energy management For expenses necessary for granting and administering leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $227,781,000, of which $184,781,000 is to remain available until September 30, 2023, and of which $43,000,000 is to remain available until expended: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2022 appropriation estimated at not more than $184,781,000: Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities. Bureau of Safety and Environmental Enforcement offshore safety and environmental enforcement For expenses necessary for the regulation of operations related to leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $200,573,000, of which $149,573,000 is to remain available until September 30, 2023, and of which $51,000,000 is to remain available until expended, including $30,000,000 for offshore decommissioning activities: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2022 appropriation estimated at not more than $179,573,000. For an additional amount, $37,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non- refundable inspection fees collected in fiscal year 2022, as provided in this Act: Provided, That to the extent that amounts realized from such inspection fees exceed $37,000,000, the amounts realized in excess of $37,000,000 shall be credited to this appropriation and remain available until expended: Provided further, That for fiscal year 2022, not less than 50 percent of the inspection fees expended by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including the review of applications for permits to drill. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of Surface Mining Reclamation and Enforcement regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $119,257,000, to remain available until September 30, 2023, of which $65,000,000 shall be available for state and tribal regulatory grants: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain available until expended: Provided, That fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year, so as to result in a fiscal year 2022 appropriation estimated at not more than $119,257,000. abandoned mine reclamation fund For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $27,765,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97-365, the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That funds made available under title IV of Public Law 95-87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, $115,000,000, to remain available until expended, for grants to States and federally recognized Indian Tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act: Provided, That such additional amount shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of such additional amount, $75,000,000 shall be distributed in equal amounts to the three Appalachian States with the greatest amount of unfunded needs to meet the priorities described in paragraphs (1) and (2) of such section, $30,000,000 shall be distributed in equal amounts to the three Appalachian States with the subsequent greatest amount of unfunded needs to meet such priorities, and $10,000,000 shall be for grants to federally recognized Indian Tribes without regard to their status as certified or uncertified under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such additional amount shall be allocated to States and Indian Tribes within 60 days after the date of enactment of this Act. Indian Affairs Bureau of Indian Affairs operation of indian programs (including transfers of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13) and the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), $1,875,716,000, to remain available until September 30, 2023, except as otherwise provided herein; of which not to exceed $8,500 may be for official reception and representation expenses; of which not to exceed $77,994,000 shall be for welfare assistance payments: Provided, That in cases of designated Federal disasters, the Secretary of the Interior may exceed such cap for welfare payments from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster: Provided further, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $57,323,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, land records improvement, and the Navajo-Hopi Settlement Program: Provided further, That of the amount appropriated under this heading, $1,250,000 shall be for projects specified for Special Initiatives in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act: Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2023, may be transferred during fiscal year 2024 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder's trust fund account: Provided further, That any such unobligated balances not so transferred shall expire on September 30, 2024: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel: Provided further, That the Bureau of Indian Affairs may accept transfers of funds from United States Customs and Border Protection to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1): Provided further, That section 5 of the Indian Reorganization Act of June 18, 1934 (25 U.S.C. 5108) shall be applied by substituting ``$10,000,000'' for ``$2,000,000''. Indian Land Consolidation For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462), and the American Indian Probate Reform Act of 2004 (Public Law 108-374), $75,000,000, to remain available until expended: Provided, That any provisions of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462) that requires or otherwise relates to application of a lien shall not apply to the acquisition funded herein. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs and the Bureau of Indian Education for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. construction (including transfer of funds) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87-483; $177,842,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That any funds provided for the Safety of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a nonreimbursable basis: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. 1749). indian land and water claim settlements and miscellaneous payments to indians For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99-264, 114-322, and 116-260 and for implementation of other land and water rights settlements, $75,844,000, to remain available until expended, of which up to $25,000,000 shall be available for deposit into the Selis-Qlispe Ksanka Settlement Trust Fund established by Public Law 116-260. indian guaranteed loan program account For the cost of guaranteed loans and insured loans, $11,833,000, to remain available until September 30, 2023, of which $1,629,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $103,456,940. Bureau of Indian Education operation of indian education programs For expenses necessary for the operation of Indian education programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,070,535,000, to remain available until September 30, 2023, except as otherwise provided herein: Provided, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $789,983,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2022, and shall remain available until September 30, 2023: Provided further, That notwithstanding any other provision of law, including but not limited to the Indian Self- Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed $92,285,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to July 1, 2022: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. education construction For construction, repair, improvement, and maintenance of buildings, utilities, and other facilities necessary for the operation of Indian education programs, including architectural and engineering services by contract; acquisition of lands, and interests in lands; $264,330,000 to remain available until expended: Provided, That in order to ensure timely completion of construction projects, the Secretary of the Interior may assume control of a project and all funds related to the project, if, not later than 18 months after the date of the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et seq.) grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction. administrative provisions The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs or the Bureau of Indian Education for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the provisions of the Indian Self-Determination Act or the Tribal Self- Governance Act of 1994 (Public Law 103-413). In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government's trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe's ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available to support the operation of any elementary or secondary school in the State of Alaska. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K-2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school's operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101-301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and cultural immersion educational programs for non-public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided, That no funds available under this Act may be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not owned by the Bureau: Provided further, That the term ``satellite school'' means a school location physically separated from the existing Bureau school by more than 50 miles but that forms part of the existing school in all other respects. Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in tribal priority allocations initiated by an Indian Tribe. Office of the Special Trustee for American Indians federal trust programs (including transfer of funds) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $110,672,000, to remain available until expended, of which not to exceed $17,536,000 from this or any other Act, may be available for historical accounting: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs, ``Operation of Indian Programs'' and Bureau of Indian Education, ``Operation of Indian Education Programs'' accounts; the Office of the Solicitor, ``Salaries and Expenses'' account; and the Office of the Secretary, ``Departmental Operations'' account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2022, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee: Provided further, That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 15 months and has a balance of $15 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further, That not to exceed $100,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts with a balance of less than $500 unless the Office of the Special Trustee receives proof of ownership from a Special Deposit Accounts claimant: Provided further, That notwithstanding section 102 of the American Indian Trust Fund Management Reform Act of 1994 (Public Law 103-412) or any other provision of law, the Secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least 5 years and shall not be required to generate periodic statements of performance for the individual accounts: Provided further, That with respect to the eighth proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and income, and such funds shall remain available to the individual account holders. Departmental Offices Office of the Secretary departmental operations (including transfer of funds) For necessary expenses for management of the Department of the Interior and for grants and cooperative agreements, as authorized by law, $190,087,000, to remain available until September 30, 2023; of which $58,200,000, to remain available until expended, shall be for acquisitions of zero emission vehicles and related expenses, including charging infrastructure, and may be transferred to any other account in the Department; of which not to exceed $15,000 may be for official reception and representation expenses; of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $13,591,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, That funds for Indian land, mineral, and resource valuation activities may, as needed, be transferred to and merged with the Bureau of Indian Affairs ``Operation of Indian Programs'' and Bureau of Indian Education ``Operation of Indian Education Programs'' accounts and the Office of the Special Trustee ``Federal Trust Programs'' account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2022, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee. administrative provisions For fiscal year 2022, up to $400,000 of the payments authorized by chapter 69 of title 31, United States Code, may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only amounts available for payments authorized under chapter 69 of title 31, United States Code: Provided further, That in the event the sums appropriated for any fiscal year for payments pursuant to this chapter are insufficient to make the full payments authorized by that chapter to all units of local government, then the payment to each local government shall be made proportionally: Provided further, That the Secretary may make adjustments to payment to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall be made pursuant to that chapter to otherwise eligible units of local government if the computed amount of the payment is less than $100. Insular Affairs assistance to territories For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108-188, $113,977,000, of which: (1) $104,140,000 shall remain available until expended for territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative and natural resources activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands, as authorized by law (Public Law 94- 241; 90 Stat. 272); and (2) $9,837,000 shall be available until September 30, 2023, for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104-134: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee's commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). compact of free association For grants and necessary expenses, $8,463,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99-658 and Public Law 108-188: Provided, That of the funds appropriated under this heading, $5,000,000 is for deposit into the Compact Trust Fund of the Republic of the Marshall Islands as compensation authorized by Public Law 108-188 for adverse financial and economic impacts. Administrative Provisions (including transfer of funds) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108-188 and Public Law 104-134, that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further, That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General, $66,382,000, to remain available until September 30, 2023. Department-Wide Programs wildland fire management (including transfers of funds) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $1,125,441,000, to remain available until expended, of which not to exceed $18,427,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That of the funds provided $304,344,000 is for fuels management activities: Provided further, That of the funds provided $40,470,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of fuels management activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109-154), or related partnerships with State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000 between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and assistance in foreign countries, and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations: Provided further, That of the funds provided under this heading $383,657,000 is provided to meet the terms of section 4004(b)(5)(B) and section 4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading ``Department of the Interior--Department-Wide Programs--Wildland Fire Management'' for wildfire suppression operations, $330,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) and section 4005(e) of S. Con. Res. 14 (117th Congress), the concurrent budget for fiscal year 2022: Provided, That such amounts may be transferred to and merged with amounts made available under the headings ``Department of Agriculture-- Forest Service--Wildland Fire Management'' and ``Department of the Interior--Department-Wide Programs--Wildland Fire Management'' for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the ``Wildland Fire Management'' accounts in the Department of Agriculture or the Department of the Interior only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading ``Wildland Fire Management'' in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the previous proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), $10,036,000, to remain available until expended. energy community revitalization program (including transfers of funds) For necessary expenses of the Department of the Interior and any of its component offices and bureaus to inventory, assess, decommission, reclaim, respond to hazardous substance releases, and remediate abandoned hard rock mines, orphaned oil and gas wells, and orphaned infrastructure, including, but not limited to, facilities, pipelines, structures or equipment used in energy production operations, $65,000,000, to remain available until expended: Provided, That such amount shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts appropriated under this heading are available for grants and cooperative agreements to States to inventory, assess, decommission, reclaim, and remediate abandoned hard rock mines, orphaned oil and gas wells, and associated infrastructure on State and private lands: Provided further, That amounts appropriated under this heading are available for grants or cooperative agreements to tribes to inventory, assess, decommission, reclaim, and remediate abandoned hard rock mines, orphaned oil and gas wells, and their associated infrastructure on tribal lands, including grants management capacity within tribes: Provided further, That amounts appropriated under this heading are available for program management and oversight of these activities: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department to carry out such purposes, and may expend such funds directly, or through grants or cooperative agreements: Provided further, That the Secretary may implement the grant and cooperative agreement programs authorized herein on a formula or competitive basis: Provided further, That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) obligations agreed to in settlement or imposed by a court, whether for payment of funds or for work to be performed. Natural Resource Damage Assessment and Restoration natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,933,000, to remain available until expended. working capital fund For the operation and maintenance of a departmental financial and business management system, information technology improvements of general benefit to the Department, cybersecurity, and the consolidation of facilities and operations throughout the Department, $91,436,000, to remain available until expended: Provided, That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Secretary of the Interior may assess reasonable charges to State, local, and tribal government employees for training services provided by the National Indian Program Training Center, other than training related to Public Law 93-638: Provided further, That the Secretary may lease or otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further, That all funds received pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the Secretary for necessary expenses of the National Indian Program Training Center: Provided further, That the Secretary may enter into grants and cooperative agreements to support the Office of Natural Resource Revenue's collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law. administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. office of natural resources revenue For necessary expenses for management of the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $169,640,000, to remain available until September 30, 2023; of which $68,151,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $15,000 shall be available for refunds of overpayments in connection with certain Indian leases in which the Secretary of the Interior concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments. General Provisions, Department of the Interior (including transfers of funds) emergency transfer authority--intra-bureau Sec. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible. emergency transfer authority--department-wide Sec. 102. The Secretary of the Interior may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for ``wildland fire suppression'' shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. authorized use of funds Sec. 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary of the Interior, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. authorized use of funds, indian trust management Sec. 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used. redistribution of funds, bureau of indian affairs Sec. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2022. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. ellis, governors, and liberty islands Sec. 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein, including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. outer continental shelf inspection fees Sec. 107. (a) In fiscal year 2022, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the ``Offshore Safety and Environmental Enforcement'' account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2022 shall be-- (1) $11,725 for facilities with no wells, but with processing equipment or gathering lines; (2) $18,984 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $35,176 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2022. Fees for fiscal year 2022 shall be-- (1) $34,059 per inspection for rigs operating in water depths of 500 feet or more; and (2) $18,649 per inspection for rigs operating in water depths of less than 500 feet. (d) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2022. Fees for fiscal year 2022 shall be-- (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. (e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter. contracts and agreements for wild horse and burro holding facilities Sec. 108. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. mass marking of salmonids Sec. 109. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. contracts and agreements with indian affairs Sec. 110. Notwithstanding any other provision of law, during fiscal year 2022, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. department of the interior experienced services program Sec. 111. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not-- (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. separation of accounts Sec. 112. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. payments in lieu of taxes (pilt) Sec. 113. Section 6906 of title 31, United States Code, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''. disclosure of departure or alternate procedure approval Sec. 114. (a) Subject to subsection (b), beginning no later than 180 days after the enactment of this Act, in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103, 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141, or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau's publicly available website not more than 15 business days after such issuance. (b) The head of each bureau may exclude confidential business information. interagency motor pool Sec. 115. Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100-297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act. delaware water gap authority Sec. 116. Section 4(b) of The Delaware Water Gap National Recreation Area Improvement Act, as amended by section 1 of Public Law 115-101, shall be applied by substituting ``2022'' for ``2021''. extension of authorities Sec. 117. (a) Section 126 of Public Law 98-398, as amended (98 Stat. 1456; 120 Stat. 1853), is further amended by striking ``the date that is 15 years after the date of enactment of this section'' and inserting ``2023''. (b) Section 10 of Public Law 99-647, as amended (100 Stat. 3630; 104 Stat. 1018; 120 Stat. 1858; 128 Stat. 3804), is further amended by striking ``2021'' and inserting ``2023''. (c) Section 12 of Public Law 100-692, as amended (102 Stat. 4558; 112 Stat. 3258; 123 Stat. 1292; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801), is further amended-- (1) in subsection (c)(1), by striking ``2021'' and inserting ``2023''; and (2) in subsection (d), by striking ``2021'' and inserting ``2023''. (d) Section 106(b) of Public Law 103-449, as amended (108 Stat. 4755; 113 Stat. 1726; 123 Stat. 1291; 128 Stat. 3802), is further amended by striking ``2021'' and inserting ``2023''. (e) Division II of Public Law 104-333 (54 U.S.C. 320101 note), as amended, is further amended by striking ``2021'' each place it appears in the following sections and inserting ``2023''-- (1) in section 107 (110 Stat. 4244; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (2) in section 408 (110 Stat. 4256; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (3) in section 507 (110 Stat. 4260; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (4) in section 707 (110 Stat. 4267; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (5) in section 809 (110 Stat. 4275; 122 Stat. 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (6) in section 910 (110 Stat. 4281; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801); (7) in section 310 (110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778); (8) in section 607 (110 Stat. 4264; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778-779); and (9) in section 208 (110 Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat .778). (f) Section 109 of Public Law 105-355, as amended (112 Stat. 3252; 128 Stat. 3802), is further amended by striking ``2021'' and inserting ``2023''. (g) Public Law 106-278 (54 U.S.C. 320101 note), as amended, is further amended-- (1) in section 108 (114 Stat. 818; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3802) by striking ``2021'' and inserting ``2023''. (2) in section 209 (114 Stat. 824; 128 Stat. 3802) by striking ``2021'' and inserting ``2023''. (h) Section 157(i) of Public Law 106-291, as amended (114 Stat. 967; 128 Stat. 3082), is further amended by striking ``2021'' and inserting ``2023''. (i) Section 7 of Public Law 106-319, as amended (114 Stat. 1284; 128 Stat. 3082), is further amended by striking ``2021'' and inserting ``2023''. (j) Section 811 of title VIII of appendix D of Public Law 106-554, as amended (114 Stat. 2763, 2763A-295; 128 Stat. 3802), is further amended by striking ``2021'' and inserting ``2023''. (k) Section 140(j) of Public Law 108-108, as amended (117 Stat. 1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778), is further amended by striking ``2021'' and inserting ``2023''. (l) Title II of Public Law 109-338 (54 U.S.C. 320101 note; 120 Stat. 1787-1845), as amended, is further amended-- (1) in each of sections 208, 221, 240, 260, 269, 289, 291J, 295L and 297H by striking ``the date that is 15 years after the date of enactment of this Act'' and inserting ``September 30, 2023''; and (2) in section 280B by striking ``the day occurring 15 years after the date of the enactment of this subtitle'' and inserting ``September 30, 2023''. (m) Section 810(a)(1) of title VIII of division B of appendix D of Public Law 106-554, as amended (114 Stat. 2763; 123 Stat. 1295; 131 Stat. 461; 133 Stat. 2714), is further amended by striking ``$14,000,000'' and inserting ``$16,000,000''. (n) Section 125(a) of title IV of Public Law 109-338 (120 Stat. 1853) is amended by striking ``$10,000,000'' and inserting ``$12,000,000''. (o) Section 210(a) of title II of Public Law 106-278 (114 Stat. 824) is amended by striking ``$10,000,000'' and inserting ``$12,000,000''. (p) Section 804(j) of division B of H.R. 5666 (Appendix D) as enacted into law by section 1(a)(4) of Public Law 106-554, as amended (54 U.S.C. 320101 note; 114 Stat. 2763, 2763A-295; 123 Stat. 1294; 128 Stat. 3802; 131 Stat. 461; 133 Stat. 2714), is further amended by striking ``September 30, 2021'' and inserting ``September 30, 2037''. (q) Section 295D(d) of Public Law 109-338, as amended (54 U.S.C. 320101 note; 120 Stat. 1833; 130 Stat. 962), is further amended by striking ``15 years after the date of enactment of this Act'' and inserting ``on September 30, 2037''. study for selma to montgomery national historic trail Sec. 118. (a) Study.--The Secretary of the Interior (Secretary) shall conduct a study to evaluate-- (1) resources associated with the 1965 Voting Rights March from Selma to Montgomery not currently part of the Selma to Montgomery National Historic Trail (Trail) (16 U.S.C. 1244(a)(20)) that would be appropriate for addition to the Trail; and (2) the potential designation of the Trail as a unit of the National Park System instead of, or in addition to, remaining a designated part of the National Trails System. (b) Report.--Not later than one year after the date of enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study and the conclusions and recommendations of the study. (c) Land Acquisition.--The Secretary is authorized, subject to the availability of appropriations and at her discretion, to acquire property or interests therein located in the city of Selma, Alabama and generally depicted on the map entitled, ``Selma to Montgomery NHT Proposed Addition,'' numbered 628/177376 and dated September 14, 2021, with the consent of the owner, for the benefit of the Selma to Montgomery National Historic Trail and to further the purpose for which the trail has been established. decommissioning account Sec. 119. The fifth and sixth provisos under the amended heading ``Royalty and Offshore Minerals Management'' for the Minerals Management Service in Public Law 101-512 (104 Stat. 1926, as amended) (43 U.S.C. 1338a) are further amended by striking and replacing them with: ``Provided further, That notwithstanding section 3302 of title 31, any moneys hereafter received as a result of the forfeiture of a bond or other security by an Outer Continental Shelf permittee, lessee, or right-of-way holder that does not fulfill the requirements of its permit, lease, or right-of-way or does not comply with the regulations of the Secretary, or as a bankruptcy distribution or settlement associated with such failure or noncompliance, shall be credited to a separate account established in the Treasury for decommissioning activities and shall be available to the Bureau of Ocean Energy Management without further appropriation or fiscal year limitation to cover the cost to the United States of any improvement, protection, rehabilitation, or decommissioning work rendered necessary by the action or inaction that led to the forfeiture or bankruptcy distribution or settlement, to remain available until expended: Provided further, That amounts deposited into the decommissioning account may be allocated to the Bureau of Safety and Environmental Enforcement for such costs: Provided further, That any moneys received for such costs currently held in the Ocean Energy Management account shall be transferred to the decommissioning account: Provided further, That any portion of the moneys so credited shall be returned to the bankruptcy estate, permittee, lessee, or right-of-way holder to the extent that the money is in excess of the amount expended in performing the work necessitated by the action or inaction which led to their receipt or, if the bond or security was forfeited for failure to pay the civil penalty, in excess of the civil penalty imposed.''. border mitigation Sec. 120. The Secretary of the Interior is authorized to accept transfers of funds from the Secretary of Homeland Security for mitigation activities, including land acquisition, related to construction of border barriers on Federal lands and to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1). appraiser pay authority Sec. 121. For fiscal year 2022, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS-1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department's realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code. TITLE II ENVIRONMENTAL PROTECTION AGENCY Science and Technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; purchase, lease, operation, maintenance, and acquisition of unmanned aircraft; and other operating expenses in support of research and development, $803,174,000, to remain available until September 30, 2023: Provided, That of the funds included under this heading, $12,430,000 shall be for Research: National Priorities as specified in the explanatory statement accompanying this Act, of which $3,930,000 shall be for projects specified for Science and Technology in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act. Environmental Programs and Management For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; implementation of a coal combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $9,000 for official reception and representation expenses, $3,238,374,000, to remain available until September 30, 2023: Provided, That of the funds included under this heading, $25,700,000 shall be for Environmental Protection: National Priorities as specified in the explanatory statement accompanying this Act: Provided further, That of the funds included under this heading, $596,544,000 shall be for Geographic Programs specified in the explanatory statement accompanying this Act. In addition, $9,000,000 to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees collected pursuant to that section of that Act and deposited in the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal year 2022 shall be retained and used for necessary salaries and expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated in this paragraph from the general fund for fiscal year 2022 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2022, so as to result in a final fiscal year 2022 appropriation from the general fund estimated at not more than $0: Provided further, That to the extent that amounts realized from such receipts exceed $9,000,000, those amount in excess of $9,000,000 shall be deposited in the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal year 2022, shall be retained and used for necessary salaries and expenses in this account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $52,000,000, to remain available until September 30, 2023. Buildings and Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $62,752,000, to remain available until expended. Hazardous Substance Superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and hire, maintenance, and operation of aircraft, $1,340,908,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2021, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,340,908,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $11,800,000 shall be paid to the ``Office of Inspector General'' appropriation to remain available until September 30, 2023, and $30,985,000 shall be paid to the ``Science and Technology'' appropriation to remain available until September 30, 2023. Leaking Underground Storage Tank Trust Fund Program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $92,376,000, to remain available until expended, of which $67,007,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. Inland Oil Spill Programs For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $22,409,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and Tribal Assistance Grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,848,948,000, to remain available until expended, of which-- (1) $1,688,826,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $1,176,088,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That for fiscal year 2022, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year 2022, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That the Administrator is authorized to use up to $1,500,000 of funds made available for the Clean Water State Revolving Funds under this heading under Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381) to conduct the Clean Watersheds Needs Survey: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2022 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2022, notwithstanding the provisions of subsections (g)(1), (h), and (l) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2022, notwithstanding the provisions of such subsections (g)(1), (h), and (l) of section 201 and section 518(c) of the Federal Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used to provide assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2022, notwithstanding any provision of the Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of $2,000,000 of the funds reserved by the Administrator for grants under section 518(c) of such Act may also be used for grants for training, technical assistance, and educational programs relating to the operation and management of the treatment works specified in section 518(c) of such Act: Provided further, That for fiscal year 2022, funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92-203: Provided further, That for fiscal year 2022, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2022, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further, That for fiscal year 2022, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 14 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more than 14 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients: Provided further, That notwithstanding section 1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)), the Administrator shall reserve $12,000,000 of the amounts made available for fiscal year 2022 for making capitalization grants for the Drinking Water State Revolving Funds to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C) of such Act: Provided further, That notwithstanding any other provision of law, of the funds appropriated under this heading for capitalization grants for the State Revolving Funds, the Administrator may reserve up to $20,000,000 of the total amount appropriated for salaries, expenses, and administration for Water and Wastewater Infrastructure grants identified in section 421 of this Act; (2) $35,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $39,186,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $126,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided further, That for purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States; (5) $142,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $59,000,000 shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement accompanying this Act; (7) $38,930,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a); (8) $35,000,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j-24(d)); (9) $72,000,000 shall be for grants under section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b); (10) $9,000,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l)); (11) $20,000,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8)); (12) $56,000,000 shall be for grants under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301); (13) $5,000,000 shall be for grants under section 4304(b) of the America's Water Infrastructure Act of 2018 (Public Law 115-270); (14) $10,000,000 shall be for grants to States, federally recognized Tribes, public pre-schools, local educational agencies as defined in 20 U.S.C. 7801(30), and non-profit organizations, for assessment, prevention, control, or abatement of wildfire smoke hazards in community buildings including schools as defined in 20 U.S.C. 3610(6), and related activities: Provided, That the Federal share of the costs of such activities shall not exceed 90 percent: Provided further, That the Administrator may waive such cost share requirement in the case of facilities located in economically distressed communities: Provided further, That no State may receive more than 25 percent of the grant funding made available under this paragraph during this fiscal year; (15) $100,000,000 shall be for competitive environmental justice implementation and training grants, except as may be specifically restricted below, for non-profit organizations, including non-profit institutions of higher education, Tribes, State and local governments, and any other eligible entities as determined by the Administrator under the following programs as appropriate: (A) Environmental Justice grants to reduce the disproportionate or adverse health impacts of environmental pollution that affect underserved communities or other affected communities; (B) Environmental Justice Community grants to local governments and nonprofit organizations to reduce the disproportionate or adverse health impacts of environmental pollution that affect underserved communities or other affected communities; (C) Environmental Justice grants to States to create or support state environmental justice programs; (D) Environmental Justice grants to Tribes or intertribal consortia to support tribal work to address the disproportionate or adverse human health impacts of environmental pollution in tribal and indigenous communities; (E) Community-based Participatory Research grants for institutions of higher education to develop partnerships with community-based organizations to improve the health or address health issues of residents and workers in communities affected by environmental pollution; and (F) Environmental Justice Training grants to nonprofit organizations or institutions of higher education for multi-media or single media activities to increase the capacity of residents of underserved communities to identify and address the disproportionate or adverse human health or environmental effects of environmental pollution affecting those communities; and (16) $1,236,918,000 shall be for grants, including associated program support costs, to States, federally recognized Tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104-134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to assist States in developing and implementing programs for control of coal combustion residuals, of which: $46,195,000 shall be for carrying out section 128 of CERCLA; $9,523,000 shall be for Environmental Information Exchange Network grants, including associated program support costs; $1,505,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading ``Leaking Underground Storage Tank Trust Fund Program'' to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $18,000,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs; $5,000,000 shall be for multipurpose grants, including interagency agreements, in accordance with the terms and conditions described in the explanatory statement accompanying this Act; $10,000,000 of the funds available for grants for hazardous waste financial assistance shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), including up to 2 percent of this amount for the Environmental Protection Agency's administrative costs: Provided, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaska Native Villages as defined in Public Law 92-203. Water Infrastructure Finance and Innovation Program Account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $72,108,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $12,500,000,000: Provided further, That of the funds made available under this heading, $5,000,000 shall be used solely for the cost of direct loans and for the cost of guaranteed loans for projects described in section 5026(9) of the Water Infrastructure Finance and Innovation Act of 2014 to State infrastructure financing authorities, as authorized by section 5033(e) of such Act: Provided further, That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading ``Water Infrastructure Finance and Innovation Program Account'' in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Administrator and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That, for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $8,000,000, to remain available until September 30, 2023. Administrative Provisions--Environmental Protection Agency (including transfers of funds) For fiscal year 2022, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency's function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8). Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2022. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2022, to remain available until expended. The Administrator is authorized to transfer up to $350,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading ``Environmental Programs and Management'' to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $150,000 per project. For fiscal year 2022, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. The Administrator is authorized to use the amounts appropriated under the heading ``Environmental Programs and Management'' for fiscal year 2022 to provide grants to implement the Southeastern New England Watershed Restoration Program. Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,000,000 of the funds made available under this title for the National Estuary Program shall be for making competitive awards described in section 320(g)(4). Section 122(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(b)(3)), shall be applied by inserting before the period: ``, including for the hire, maintenance, and operation of aircraft.''. The Environmental Protection Agency Working Capital Fund, established by Public Law 104-204 (42 U.S.C. 4370e), is available for expenses and equipment necessary for modernization and development of information technology of, or for use by, the Environmental Protection Agency. For fiscal years 2022 through 2026, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings ``Environmental Programs and Management'' and ``Science and Technology'', contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5, for the temporary or intermittent personal services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purpose: Provided, That amounts used for this purpose by the Office of Chemical Safety and Pollution Prevention and the Office of Water collectively may not exceed $2,000,000. For this fiscal year and each fiscal year thereafter, the Administrator may, after consultation with the Office of Personnel Management, employ up to seventy-five persons at any one time in the Office of Research and Development and twenty-five persons at any one time in the Office of Chemical Safety and Pollution Prevention under the authority provided in 42 U.S.C. 209. TITLE III RELATED AGENCIES DEPARTMENT OF AGRICULTURE office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $1,000,000: Provided, That funds made available by this Act to any agency in the Natural Resources and Environment mission area for salaries and expenses are available to fund up to one administrative support staff for the office. Forest Service forest service operations (including transfers of funds) For necessary expenses of the Forest Service, not otherwise provided for, $1,074,086,000, to remain available through September 30, 2025: Provided, That a portion of the funds made available under this heading shall be for the base salary and expenses of employees in the Chief's Office, the Work Environment and Performance Office, the Business Operations Deputy Area, and the Chief Financial Officer's Office to carry out administrative and general management support functions: Provided further, That funds provided under this heading shall be available for the costs of facility maintenance, repairs, and leases for buildings and sites where these administrative, general management and other Forest Service support functions take place; the costs of all utility and telecommunication expenses of the Forest Service, as well as business services; and, for information technology, including cyber security requirements: Provided further, That funds provided under this heading may be used for necessary expenses to carry out administrative and general management support functions of the Forest Service not otherwise provided for and necessary for its operation. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $315,009,000, to remain available through September 30, 2025: Provided, That of the funds provided, $20,000,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. state and private forestry For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, and conducting an international program and trade compliance activities as authorized, $344,221,000, to remain available through September 30, 2025, as authorized by law, of which $22,479,000 shall be for projects specified for Forest Resource Information and Analysis in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act. national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $2,214,000,000, to remain available through September 30, 2025: Provided, That of the funds provided, $80,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f) and shall be available without limitation on the number or location of proposals funded during any fiscal year under 16 U.S.C. 7303(d)(3): Provided further, That of the funds provided, $42,000,000 shall be for forest products: Provided further, That of the funds provided, $360,000,000 shall be for hazardous fuels management activities, of which $20,000,000 shall be used to make grants, using any authorities available to the Forest Service under the ``State and Private Forestry'' appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further, That of the funds deposited in the Collaborative Forest Landscape Restoration Fund, $5,000,000 shall be used to make grants to local collaborative groups, using any authorities available to the Forest Service under the ``State and Private Forestry'' appropriation, for the purpose of increasing capacity to collaborate on matters relating to projects on National Forest System lands or projects on cooperative lands that would benefit the National Forest System: Provided further, That $20,000,000 may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106-393, title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the ``State and Private Forestry'' appropriation: Provided further, That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that the amount credited shall remain available to the Grazing Association or the direct permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices approved by the Secretary: Provided further, That funds appropriated to this account shall be available for the base salary and expenses of employees that carry out the functions funded by the ``Capital Improvement and Maintenance'' account, the ``Range Betterment Fund'' account, and the ``Management of National Forest Lands for Subsistence Uses'' account. Capital Improvement and Maintenance (including transfer of funds) For necessary expenses of the Forest Service, not otherwise provided for, $200,867,000, to remain available through September 30, 2025, for construction, capital improvement, maintenance, and acquisition of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system, and maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $40,000,000 shall be designated for urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas where Forest Service roads may be contributing to water quality problems in streams and water bodies which support threatened, endangered, or sensitive species or community water sources: Provided further, That $10,867,000 shall be for projects specified for Construction Projects in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act: Provided further, That funds becoming available in fiscal year 2022 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $664,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to remain available through September 30, 2025, (16 U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public Law 78-310). range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94-579, to remain available through September 30, 2025, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. gifts, donations and bequests for forest and rangeland research For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain available through September 30, 2025, to be derived from the fund established pursuant to the above Act. management of national forest lands for subsistence uses For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $1,099,000, to remain available through September 30, 2025. wildland fire management (including transfers of funds) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,097,622,000, to remain available until expended: Provided, That such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That any unobligated funds appropriated in a previous fiscal year for hazardous fuels management may be transferred to the ``National Forest System'' account: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That funds provided shall be available for support to Federal emergency response: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non- Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That of the funds provided under this heading, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) and section 4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading ``Department of Agriculture--Forest Service--Wildland Fire Management'' for wildfire suppression operations, $2,120,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) and section 4005(e) of S. Con. Res. 14 (117th Congress), the concurrent budget for fiscal year 2022: Provided, That such amounts may be transferred to and merged with amounts made available under the headings ``Department of the Interior--Department-Wide Programs--Wildland Fire Management'' and ``Department of Agriculture--Forest Service--Wildland Fire Management'' for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the ``Wildland Fire Management'' accounts in the Department of the Interior or the Department of Agriculture only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading ``Wildland Fire Management'' in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the previous proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. communications site administration (including transfer of funds) Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115- 334), shall be deposited in the special account established by section 8705(f)(1) of such Act, shall be available to cover the costs described in subsection (c)(3) of such section of such Act, and shall remain available until expended: Provided, That such amounts shall be transferred to the ``National Forest System'' account. administrative provisions--forest service (including transfers of funds) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c). Funds made available to the Forest Service in this Act may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided, That any transfer of funds pursuant to this paragraph shall not increase or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture's notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading ``Wildland Fire Management'' will be obligated within 30 days: Provided, That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the National Forest System Account, or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water: Provided, That such transferred funds shall remain available through September 30, 2025: Provided further, That none of the funds transferred pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S. government, private sector, and international organizations. The Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the U.S. Agency for International Development, the Department of State, and the Millennium Challenge Corporation), U.S. private sector firms, institutions and organizations to provide technical assistance and training programs on forestry and rangeland management: Provided, That to maximize effectiveness of domestic and international research and cooperation, the International Program may utilize all authorities related to international forestry, research, and cooperative assistance regardless of program designations. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)). Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain information technology services, including telecommunications and system modifications or enhancements, from the Working Capital Fund of the Department of Agriculture. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the funds available to the Forest Service, up to $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative expenses: Provided further, That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match funds made available by the Forest Service on at least a one-for-one basis: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided, That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99-663. Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)). The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the sums requested for transfer. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. Funds appropriated to the Forest Service may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act. Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, remnant Natural Resource Manager, and National Technology and Development Program. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $5,414,143,000 to remain available until September 30, 2023, except as otherwise provided herein; and, in addition, $5,414,143,000, which shall become available on October 1, 2022 and remain available through September 30, 2024, except as otherwise provided herein; together with payments received during each fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b), for services furnished by the Indian Health Service: Provided, That funds made available to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That $2,500,000 shall be available for each of fiscal years 2022 and 2023 for grants or contracts with public or private institutions to provide alcohol or drug treatment services to Indians, including alcohol detoxification services: Provided further, That of the total amount of funds provided, $2,351,656,000 shall remain available until expended for Purchased/Referred Care, of which $1,175,828,000 shall be from funds that become available on October 1, 2022: Provided further, That of the total amount specified in the preceding proviso for Purchased/Referred Care, $108,000,000 shall be for the Indian Catastrophic Health Emergency Fund of which $54,000,000 shall be from funds that become available on October 1, 2022: Provided further, That for each of fiscal years 2022 and 2023, up to $66,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That of the total amount of funds provided, $116,000,000, including $58,000,000 from funds that become available on October 1, 2022, shall be for costs related to or resulting from accreditation emergencies, including supplementing activities funded under the heading ``Indian Health Facilities,'' of which up to $4,000,000 for each of fiscal years 2022 and 2023 may be used to supplement amounts otherwise available for Purchased/Referred Care: Provided further, That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited in the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain available until expended and, notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further, That the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy authority for civilian employees, for Aftercare Pilot Programs at Youth Regional Treatment Centers, for transformation and modernization costs of the Indian Health Service Electronic Health Record system, for national quality and oversight activities, for improving collections from public and private insurance at Indian Health Service and tribally operated facilities, for an initiative to treat or reduce the transmission of HIV and HCV, for a maternal health initiative, for the Telebehaviorial Health Center of Excellence, for Alzheimer's activities, for Village Built Clinics and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further, That funds provided in this Act that are available for two fiscal years may be used in their second year of availability for annual contracts that fall within 2 fiscal years, provided the total obligation is recorded in such second year of availability: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That the Bureau of Indian Affairs may collect from the Indian Health Service, and from tribes and tribal organizations operating health facilities pursuant to Public Law 93-638, such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further, That of the total amount of funds provided, $364,560,000, including $182,280,000 from the amounts that become available on October 1, 2022, is for the Indian Health Care Improvement Fund and may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account: Provided further, That none of the funds appropriated by this Act, or any other Act, to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology Infrastructure system, unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 90 days in advance of such obligation: Provided further, That none of the amounts made available under this heading to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology Infrastructure system until the report and directive is received by the Committees on Appropriations of the House of Representatives and the Senate in accordance with the explanatory statement accompanying this Act. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2022, such sums as may be necessary: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account: Provided further, That amounts obligated but not expended by a tribe or tribal organization for contract support costs for such agreements for the current fiscal year shall be applied to contract support costs due for such agreements for subsequent fiscal years. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. indian health facilities For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self- Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $1,172,107,000, to remain available until expended; and, in addition, $1,172,107,000, which shall become available on October 1, 2022 and remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation, or expansion of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 may be used for each of fiscal years 2022 and 2023 by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That of the amount appropriated under this heading for fiscal year 2022, $40,171,000 shall be for projects specified for Water and Wastewater Infrastructure in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act: Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development. administrative provisions--indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and Human Services; uniforms, or allowances therefor as authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement Act, non- Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86-121, the Indian Sanitation Facilities Act and Public Law 93-638: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless such assessments or charges are identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and reobligated to a self- determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self- Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent to those that would be provided to members of the Commissioned Corps of the United States Public Health Service serving in similar positions at such hospitals: Provided further, That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. National Institutes of Health national institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $84,540,000. Agency for Toxic Substances and Disease Registry toxic substances and environmental public health For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $81,750,000: Provided, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2022, and existing profiles may be updated as necessary. OTHER RELATED AGENCIES Executive Office of the President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $4,200,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical Safety and Hazard Investigation Board salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376, $13,400,000, of which $900,000 shall remain available until expended: Provided, That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. Office of Navajo and Hopi Indian Relocation salaries and expenses For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93-531, $3,150,000, to remain available until expended, which shall be derived from unobligated balances from prior year appropriations available under this heading: Provided, That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further, That no relocatee will be provided with more than one new or replacement home: Provided further, That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to section 11 of Public Law 93-531 (88 Stat. 1716). Institute of American Indian and Alaska Native Culture and Arts Development payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.), $11,000,000, which shall become available on July 1, 2022, and shall remain available until September 30, 2023. Smithsonian Institution salaries and expenses For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for employees, $872,000,000, to remain available until September 30, 2023, except as otherwise provided herein; of which not to exceed $12,798,000 shall be for the instrumentation program, collections acquisition, exhibition reinstallation, Smithsonian American Women's History Museum, National Museum of the American Latino, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support American overseas research centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That the Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments, as rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to be available as trust funds for expenses associated with the purchase of a portion of the building at 600 Maryland Avenue, SW, Washington, DC, to the extent that federally supported activities will be housed there: Provided further, That the use of such amounts in the general trust funds of the Institution for such purpose shall not be construed as Federal debt service for, a Federal guarantee of, a transfer of risk to, or an obligation of the Federal Government: Provided further, That no appropriated funds may be used directly to service debt which is incurred to finance the costs of acquiring a portion of the building at 600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and constructing improvements to such building: Provided further, That any agreement entered into by the Smithsonian Institution for the sale of its ownership interest, or any portion thereof, in such building so acquired may not take effect until the expiration of a 30 day period which begins on the date on which the Secretary of the Smithsonian submits to the Committees on Appropriations of the House of Representatives and Senate, the Committees on House Administration and Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2536) on the intended sale. facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $230,000,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109. National Gallery of Art salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-5902); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $157,500,000, to remain available until September 30, 2023, of which not to exceed $3,775,000 for the special exhibition program shall remain available until expended. repair, restoration and renovation of buildings (including transfer of funds) For necessary expenses of repair, restoration, and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, with no extensions or renewals beyond the 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $26,000,000, to remain available until expended: Provided, That of this amount, $11,458,000 shall be available for design and construction of an off- site art storage facility in partnership with the Smithsonian Institution and may be transferred to the Smithsonian Institution for such purposes: Provided further, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. Kennedy Center for the Performing Arts operations and maintenance For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, $27,000,000, to remain available until September 30, 2023. capital repair and restoration For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $13,440,000, to remain available until expended. Woodrow Wilson International Center for Scholars salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $14,000,000, to remain available until September 30, 2023. National Foundation on the Arts and the Humanities National Endowment for the Arts grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $182,500,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National Endowment for the Humanities grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $182,500,000 to remain available until expended, of which $166,900,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $15,600,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $13,600,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, devises of money, and other property accepted by the chairman or by grantees of the National Endowment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. Administrative Provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided further, That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further, That the Chairperson of the National Endowment for the Arts may approve grants of up to $10,000, if in the aggregate the amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further, That such small grant actions are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. Commission of Fine Arts salaries and expenses For expenses of the Commission of Fine Arts under chapter 91 of title 40, United States Code, $3,328,000: Provided, That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission is authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation's Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or education: Provided further, That one-tenth of one percent of the funds provided under this heading may be used for official reception and representation expenses. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 956a), $5,000,000: Provided, That the item relating to ``National Capital Arts and Cultural Affairs'' in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2022 in the second paragraph by inserting ``, calendar year 2020 excluded'' before the first period: Provided further, That in determining an eligible organization's annual income for calendar years 2021 and 2022, funds or grants received by the eligible organization from any supplemental appropriations Act related to coronavirus or any other law providing appropriations for the purpose of preventing, preparing for, or responding to coronavirus shall be counted as part of the eligible organization's annual income. Advisory Council on Historic Preservation salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89-665), $8,255,000. National Capital Planning Commission salaries and expenses For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. 3109, $8,382,000: Provided, That one-quarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. United States Holocaust Memorial Museum holocaust memorial museum For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106-292 (36 U.S.C. 2301-2310), $62,616,000, of which $715,000 shall remain available until September 30, 2024, for the Museum's equipment replacement program; and of which $3,000,000 for the Museum's repair and rehabilitation program and $1,264,000 for the Museum's outreach initiatives program shall remain available until expended. Presidio Trust The Presidio Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333), in an amount not to exceed $20,000,000. World War I Centennial Commission salaries and expenses Notwithstanding section 9 of the World War I Centennial Commission Act, as authorized by the World War I Centennial Commission Act (Public Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for necessary expenses of the World War I Centennial Commission, $1,000,000, to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 6(g) of such Act, the World War I Commission may accept money, in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. United States Semiquincentennial Commission salaries and expenses For necessary expenses of the United States Semiquincentennial Commission to plan and coordinate observances and activities associated with the 250th anniversary of the founding of the United States, as authorized by Public Law 116-282, the technical amendments to Public Law 114-196, $8,000,000, to remain available until expended. TITLE IV GENERAL PROVISIONS (including transfers of funds) restriction on use of funds Sec. 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. obligation of appropriations Sec. 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. disclosure of administrative expenses Sec. 403. The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. mining applications Sec. 404. (a) Limitation of Funds.--None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions.--Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date. (c) Report.--On September 30, 2023, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104-208). (d) Mineral Examinations.--In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. contract support costs, prior year limitation Sec. 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235) shall continue in effect in fiscal year 2022. contract support costs, fiscal year 2022 limitation Sec. 406. Amounts provided by this Act for fiscal year 2022 under the headings ``Department of Health and Human Services, Indian Health Service, Contract Support Costs'' and ``Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs'' are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2022 with the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. forest management plans Sec. 407. The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. prohibition within national monuments Sec. 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. limitation on takings Sec. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. prohibition on no-bid contracts Sec. 410. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless-- (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; (2) such contract is authorized by the Indian Self- Determination and Education Assistance Act (Public Law 93-638, 25 U.S.C. 450 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or (3) such contract was awarded prior to the date of enactment of this Act. posting of reports Sec. 411. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. national endowment for the arts grant guidelines Sec. 412. Of the funds provided to the National Endowment for the Arts-- (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects. national endowment for the arts program priorities Sec. 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term ``underserved population'' means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965-- (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. status of balances of appropriations Sec. 414. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. extension of grazing permits Sec. 415. The terms and conditions of section 325 of Public Law 108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2022. funding prohibition Sec. 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. humane transfer and treatment of animals Sec. 417. (a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the ``Secretary concerned''), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. (c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92-195 (commonly known as the ``Wild Free- Roaming Horses and Burros Act'') (16 U.S.C. 1332)). (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not-- (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. (e) Amounts appropriated by this Act shall not be available for-- (1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or (2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product. forest service facility realignment and enhancement authorization extension Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d note) shall be applied by substituting ``September 30, 2022'' for ``September 30, 2019''. use of american iron and steel Sec. 419. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term ``iron and steel'' products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. local cooperator training agreements and transfers of excess equipment and supplies for wildfires Sec. 420. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department's wildland fire management program to such organizations. infrastructure projects Sec. 421. For an additional amount for ``Environmental Protection Agency--State and Tribal Assistance Grants'', $453,984,000, to remain available until expended, of which: (1) $438,978,000 shall be for Water and Wastewater Infrastructure grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act, for the construction of drinking water, wastewater, and stormwater infrastructure and for water quality protection in accordance with the terms and conditions specified for such grants in the explanatory statement accompanying this Act, and, for the purposes of these grants, each grantee shall contribute not less than 20 percent of the cost of the project unless the grantee is approved for a waiver by the Agency; and (2) $15,006,000 shall be for State and Tribal Assistance Grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act for remediation, construction, and related environmental management activities in accordance with the terms and conditions specified for such grants in the explanatory statement accompanying this Act. recreation fees Sec. 422. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting ``October 1, 2023'' for ``September 30, 2019''. reprogramming guidelines Sec. 423. None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2536). local contractors Sec. 424. Section 412 of division E of Public Law 112-74 shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''. shasta-trinity marina fee authority authorization extension Sec. 425. Section 422 of division F of Public Law 110-161 (121 Stat 1844), as amended, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''. interpretive association authorization extension Sec. 426. Section 426 of division G of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be applied by substituting ``September 30, 2022'' for ``September 30, 2019''. puerto rico schooling authorization extension Sec. 427. The authority provided by the 19th unnumbered paragraph under heading ``Administrative Provisions, Forest Service'' in title III of Public Law 109-54, as amended, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''. forest botanical products fee collection authorization extension Sec. 428. Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108-108 and section 432 of Public Law 113-76, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''. chaco canyon Sec. 429. None of the funds made available by this Act may be used to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq, or to offer for oil and gas leasing, any Federal lands within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the explanatory statement described in section 4 of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). tribal leases Sec. 430. (a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall commence no earlier than the date of receipt of the lease proposal. (b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2022 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent process for the payment of such leases. forest ecosystem health and recovery fund Sec. 431. The authority provided under the heading ``Forest Ecosystem Health and Recovery Fund'' in title I of Public Law 111-88, as amended by section 117 of division F of Public Law 113-235, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2020'' each place it appears. allocation of projects Sec. 432. (a) Within 45 days of enactment of this Act, the Secretary of the Interior shall allocate amounts available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2022 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. (b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. (c) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than amounts that are allocated by subsections (a) and (b) of this section of this Act. (d)(1) Concurrent with the annual budget submission of the President for fiscal year 2023, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate a list of supplementary allocations for Federal land acquisition and Forest Legacy projects at the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each account for that land management Agency under the allocations submitted under section 200303(c)(1) of title 54, United States Code. (2) The Federal land acquisition and Forest Legacy projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. (3) Concurrent with the annual budget submission of the President for fiscal year 2023, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Department of the Interior with the President's Budget for the projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) for the list of supplementary allocations required by paragraph (1), and for the projects in the ``Submission of Annual List of Projects to Congress'' required by section 200402(h) of title 54, United States Code. (e) The Department of the Interior and the Department of Agriculture shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances for amounts allocated pursuant to subsections (a) and (b) of this section, including all uncommitted, committed, and unobligated funds. policies relating to biomass energy Sec. 433. To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly-- (1) ensure that Federal policy relating to forest bioenergy-- (A) is consistent across all Federal departments and agencies; and (B) using the best available science, recognizes the benefits of the use of forest biomass for energy, conservation, and responsible forest management; and (2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that-- (A) reflect the extent of the carbon benefits of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; (B) encourage private investment throughout the forest biomass supply chain, including in-- (i) working forests; (ii) harvesting operations; (iii) forest improvement operations; (iv) forest bioenergy production; (v) wood products manufacturing; or (vi) paper manufacturing; (C) encourage forest management to improve forest health; and (D) recognize State initiatives to produce and use forest biomass. small remote incinerators Sec. 434. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as ``small, remote incinerator'' units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. facilities renovation for urban indian organizations to the extent authorized for other government contractors Sec. 435. The Secretary of Health and Human Services may authorize an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603) that is awarded a grant or contract under title V of that Act (25 U.S.C. 1651 et seq.) to use funds provided in such grant or contract for minor renovations to facilities or construction or expansion of facilities, including leased facilities, to assist the urban Indian organization in meeting or maintaining standards issued by Federal or State governments or by accreditation organizations. timber sale requirements Sec. 436. No timber sale in Alaska's Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service's appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. transfer authority to federal highway administration for the national parks and public land legacy restoration fund Sec. 437. Funds made available in this or any other Act or otherwise made available to the Department of the Interior or the Department of Agriculture that are subject to the allocations in 54 U.S.C. 200402(e)(1) may be further allocated or reallocated to the Federal Highway Administration for transportation projects of the covered agencies defined in 54 U.S.C. 200401(2). firefighter pay cap Sec. 438. (a)(1) If services performed by the designated employees under paragraph (2) of this subsection at the Department of the Interior or the Department of Agriculture during 2022 are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to be primarily related to emergency wildland fire suppression activities, any premium pay for such services shall be disregarded in calculating the aggregate of such employee's basic pay and premium pay for purposes of a limitation under section 5547(a) of title 5, United States Code, or under any other provision of law, whether such employee's pay is paid on a biweekly or calendar year basis. Any services during 2022 that generate payments payable in 2023 shall be disregarded in applying this subsection. (2) The premium pay waiver under paragraph(1) of this subsection shall apply to individuals serving as wildland firefighters and as fire management response officials, including regional fire directors, deputy regional fire directors, agency officials who directly oversee fire operations, and fire management officers, and individuals serving on incident management teams (IMTs), at the National Interagency Fire Center (NIFC), at Geographic Area Coordinating Centers (GACCs), and at Operations centers. (3) The Departments of the Interior and Agriculture shall provide a report to Congress detailing the number of positions, including by occupation, grade, and the aggregate pay by type of pay for each individual who receives pay authorized under subsection (a)(1). (b) Any overtime pay for services described in subsection (a) that is payable under an authority outside of title 5, United States Code, shall be disregarded in calculating any annual limit on the amount of overtime pay payable in 2022. (c) Any pay that is disregarded under either subsection (a) or (b) shall be disregarded in calculating such employee's aggregate pay for purposes of applying the limitation in section 5307 of title 5, United States Code, during 2022. (d)(1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. (2) For purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, ``premium pay'' means the premium pay paid under the provisions of law cited in section 5547(a). (3) For purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments are considered premium pay. (4) For the purpose of applying this subsection, ``basic pay'' includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (e) If application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not-- (1) be considered to be basic pay of the covered employee for any purpose; or (2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code, or other similar provision of law. (f) Section 5542(a)(5) of title 5, United States Code, is amended by striking ``the United States Forest Service in''. wild and scenic rivers comprehensive management plans Sec. 439. The Secretary of Agriculture shall not be considered to be in violation of section 3(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)(1)) for not completing a comprehensive river management plan within 3 full fiscal years after the date of designation, except the comprehensive river management plan must be completed or appropriately updated not later than the completion of the next applicable forest plan revision. This Act may be cited as the ``Department of the Interior, Environment, and Related Agencies Appropriations Act, 2022''. <all>

This bill provides FY2022 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and several related agencies. The bill provides appropriations to Interior for The bill also provides appropriations to the EPA and the Forest Service. Within the Department of Health and Human Services, the bill provides appropriations for The bill provides appropriations to several related agencies, including Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

), $6,000,000, to remain available until expended. ), including the review of applications for permits to drill. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. 5301 et seq. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. authorized use of funds Sec. 104. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. 106. contracts and agreements for wild horse and burro holding facilities Sec. 108. department of the interior experienced services program Sec. (2) in section 209 (114 Stat. decommissioning account Sec. 202(b)(1). appraiser pay authority Sec. 136w-8) for fiscal year 2022. 9622(b)(3)), shall be applied by inserting before the period: ``, including for the hire, maintenance, and operation of aircraft.''. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public Law 78-310). 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. administrative provisions--indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. OTHER RELATED AGENCIES Executive Office of the President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. contract support costs, prior year limitation Sec. forest management plans Sec. national endowment for the arts grant guidelines Sec. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. infrastructure projects Sec. recreation fees Sec. (f) Section 5542(a)(5) of title 5, United States Code, is amended by striking ``the United States Forest Service in''.

), $6,000,000, to remain available until expended. ), including the review of applications for permits to drill. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. 5301 et seq. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. authorized use of funds Sec. 104. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. contracts and agreements for wild horse and burro holding facilities Sec. department of the interior experienced services program Sec. (2) in section 209 (114 Stat. decommissioning account Sec. 202(b)(1). appraiser pay authority Sec. 136w-8) for fiscal year 2022. 9622(b)(3)), shall be applied by inserting before the period: ``, including for the hire, maintenance, and operation of aircraft.''. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public Law 78-310). 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. administrative provisions--indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. contract support costs, prior year limitation Sec. forest management plans Sec. national endowment for the arts grant guidelines Sec. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. infrastructure projects Sec. (f) Section 5542(a)(5) of title 5, United States Code, is amended by striking ``the United States Forest Service in''.

1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. ), $6,000,000, to remain available until expended. ), including the review of applications for permits to drill. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. 5301 et seq. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. authorized use of funds Sec. 104. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. 106. contracts and agreements for wild horse and burro holding facilities Sec. 108. 110. department of the interior experienced services program Sec. 113. 116. 420; 128 Stat. (2) in section 209 (114 Stat. (b) Report.--Not later than one year after the date of enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study and the conclusions and recommendations of the study. decommissioning account Sec. 202(b)(1). appraiser pay authority Sec. 7801(30), and non-profit organizations, for assessment, prevention, control, or abatement of wildfire smoke hazards in community buildings including schools as defined in 20 U.S.C. 136w-8) for fiscal year 2022. 9622(b)(3)), shall be applied by inserting before the period: ``, including for the hire, maintenance, and operation of aircraft.''. 501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public Law 78-310). 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. administrative provisions--indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. OTHER RELATED AGENCIES Executive Office of the President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. contract support costs, prior year limitation Sec. forest management plans Sec. prohibition within national monuments Sec. national endowment for the arts grant guidelines Sec. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. infrastructure projects Sec. recreation fees Sec. (f) Section 5542(a)(5) of title 5, United States Code, is amended by striking ``the United States Forest Service in''.

1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 1533) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, That of the amount appropriated under this heading, $6,813,000, to remain available until September 30, 2024, shall be for projects specified for Stewardship Priorities in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. ), $6,000,000, to remain available until expended. ), including the review of applications for permits to drill. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. 5301 et seq. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. ), the Oil Pollution Act of 1990 (33 U.S.C. ), and 54 U.S.C. 101. authorized use of funds Sec. 103. 104. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. 106. outer continental shelf inspection fees Sec. contracts and agreements for wild horse and burro holding facilities Sec. 108. 109. 110. department of the interior experienced services program Sec. 112. 113. 116. 420; 128 Stat. (2) in section 209 (114 Stat. 1244(a)(20)) that would be appropriate for addition to the Trail; and (2) the potential designation of the Trail as a unit of the National Park System instead of, or in addition to, remaining a designated part of the National Trails System. (b) Report.--Not later than one year after the date of enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study and the conclusions and recommendations of the study. decommissioning account Sec. 120. 202(b)(1). appraiser pay authority Sec. 7801(30), and non-profit organizations, for assessment, prevention, control, or abatement of wildfire smoke hazards in community buildings including schools as defined in 20 U.S.C. 136w-8) for fiscal year 2022. 9622(b)(3)), shall be applied by inserting before the period: ``, including for the hire, maintenance, and operation of aircraft.''. 501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public Law 78-310). 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. administrative provisions--indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. OTHER RELATED AGENCIES Executive Office of the President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 3109. National Capital Planning Commission salaries and expenses For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. mining applications Sec. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date. contract support costs, prior year limitation Sec. forest management plans Sec. prohibition within national monuments Sec. national endowment for the arts grant guidelines Sec. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. infrastructure projects Sec. recreation fees Sec. timber sale requirements Sec. (f) Section 5542(a)(5) of title 5, United States Code, is amended by striking ``the United States Forest Service in''.

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. ), shall remain available until expended: Provided, That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations. range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94-579 (43 U.S.C. 1701 et seq. ), miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available until expended. administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $29,620,000, to remain available until expended. cooperative endangered species conservation fund For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535), $23,702,000, to remain available until expended, to be derived from the Cooperative Endangered Species Conservation Fund. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq. ), $6,000,000, to remain available until expended. administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. 1474b-1: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited under the heading ``United States Fish and Wildlife Service--Resource Management'' and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended. 101; Public Law 115-102), $3,300,000 of the funds provided under this heading shall be made available for the purposes specified by that Act: Provided further, That sections (7)(b) and (8) of that Act shall be amended by striking ``July 1, 2022'' and inserting ``July 1, 2023''. In addition, for purposes described in section 2404 of Public Law 116-9, an amount equal to the amount deposited in this fiscal year into the National Park Medical Services Fund established pursuant to such section of such Act, to remain available until expended, shall be derived from such Fund. historic preservation fund For expenses necessary in carrying out the National Historic Preservation Act (division A of subtitle III of title 54, United States Code), $180,072,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2023, of which $26,000,000 shall be for Save America's Treasures grants for preservation of nationally significant sites, structures and artifacts as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. centennial challenge For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $15,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203. including the review of applications for permits to drill. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of Surface Mining Reclamation and Enforcement regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $119,257,000, to remain available until September 30, 2023, of which $65,000,000 shall be available for state and tribal regulatory grants: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. 1233(a)), for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such additional amount shall be allocated to States and Indian Tribes within 60 days after the date of enactment of this Act. Indian Affairs Bureau of Indian Affairs operation of indian programs (including transfers of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13) and the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq. 202(b)(1): Provided further, That section 5 of the Indian Reorganization Act of June 18, 1934 (25 U.S.C. 5108) shall be applied by substituting ``$10,000,000'' for ``$2,000,000''. Indian Land Consolidation For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462), and the American Indian Probate Reform Act of 2004 (Public Law 108-374), $75,000,000, to remain available until expended: Provided, That any provisions of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462) that requires or otherwise relates to application of a lien shall not apply to the acquisition funded herein. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. indian land and water claim settlements and miscellaneous payments to indians For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99-264, 114-322, and 116-260 and for implementation of other land and water rights settlements, $75,844,000, to remain available until expended, of which up to $25,000,000 shall be available for deposit into the Selis-Qlispe Ksanka Settlement Trust Fund established by Public Law 116-260. Bureau of Indian Education operation of indian education programs For expenses necessary for the operation of Indian education programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq. ), 2001-2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq. ), and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed $92,285,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to July 1, 2022: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction. Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government's trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe's ability to access future appropriations. shall be available to support the operation of any elementary or secondary school in the State of Alaska. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school's operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101-301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in tribal priority allocations initiated by an Indian Tribe. shall remain available until expended by the contractor or grantee. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General, $66,382,000, to remain available until September 30, 2023. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading ``Department of the Interior--Department-Wide Programs--Wildland Fire Management'' for wildfire suppression operations, $330,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) and section 4005(e) of S. Con. central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq. ), $10,036,000, to remain available until expended. Natural Resource Damage Assessment and Restoration natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq. ), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq. ), administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. General Provisions, Department of the Interior (including transfers of funds) emergency transfer authority--intra-bureau Sec. emergency transfer authority--department-wide Sec. authorized use of funds Sec. authorized use of funds, indian trust management Sec. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. (a) In fiscal year 2022, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the ``Offshore Safety and Environmental Enforcement'' account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). ( b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2022 shall be-- (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. ( e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Notwithstanding any other provision of law, during fiscal year 2022, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. separation of accounts Sec. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. b) The head of each bureau may exclude confidential business information. Section 4(b) of The Delaware Water Gap National Recreation Area Improvement Act, as amended by section 1 of Public Law 115-101, shall be applied by substituting ``2022'' for ``2021''. 1853), is further amended by striking ``the date that is 15 years after the date of enactment of this section'' and inserting ``2023''. ( 3802), is further amended by striking ``2021'' and inserting ``2023''. ( 3801); (2) in section 408 (110 Stat. 3801); (6) in section 910 (110 Stat. 778); (8) in section 607 (110 Stat. h) Section 157(i) of Public Law 106-291, as amended (114 Stat. 3082), is further amended by striking ``2021'' and inserting ``2023''. ( 3802), is further amended by striking ``2021'' and inserting ``2023''. ( n) Section 125(a) of title IV of Public Law 109-338 (120 Stat. 824) is amended by striking ``$10,000,000'' and inserting ``$12,000,000''. ( 5666 (Appendix D) as enacted into law by section 1(a)(4) of Public Law 106-554, as amended (54 U.S.C. 320101 note; 114 Stat. q) Section 295D(d) of Public Law 109-338, as amended (54 U.S.C. 320101 note; 120 Stat. (b) Report.--Not later than one year after the date of enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study and the conclusions and recommendations of the study. ( c) Land Acquisition.--The Secretary is authorized, subject to the availability of appropriations and at her discretion, to acquire property or interests therein located in the city of Selma, Alabama and generally depicted on the map entitled, ``Selma to Montgomery NHT Proposed Addition,'' numbered 628/177376 and dated September 14, 2021, with the consent of the owner, for the benefit of the Selma to Montgomery National Historic Trail and to further the purpose for which the trail has been established. border mitigation Sec. The Secretary of the Interior is authorized to accept transfers of funds from the Secretary of Homeland Security for mitigation activities, including land acquisition, related to construction of border barriers on Federal lands and to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1). In addition, $9,000,000 to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $52,000,000, to remain available until September 30, 2023. Buildings and Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $62,752,000, to remain available until expended. Inland Oil Spill Programs For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $22,409,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 4283(a)), including up to 2 percent of this amount for the Environmental Protection Agency's administrative costs: Provided, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaska Native Villages as defined in Public Law 92-203. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8). 136w-8(d)(2)), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2022. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2022, to remain available until expended. For fiscal year 2022, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. Section 122(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(b)(3)), shall be applied by inserting before the period: ``, including for the hire, maintenance, and operation of aircraft.''. For this fiscal year and each fiscal year thereafter, the Administrator may, after consultation with the Office of Personnel Management, employ up to seventy-five persons at any one time in the Office of Research and Development and twenty-five persons at any one time in the Office of Chemical Safety and Pollution Prevention under the authority provided in 42 U.S.C. 209. TITLE III RELATED AGENCIES DEPARTMENT OF AGRICULTURE office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $1,000,000: Provided, That funds made available by this Act to any agency in the Natural Resources and Environment mission area for salaries and expenses are available to fund up to one administrative support staff for the office. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $315,009,000, to remain available through September 30, 2025: Provided, That of the funds provided, $20,000,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $2,214,000,000, to remain available through September 30, 2025: Provided, That of the funds provided, $80,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f) and shall be available without limitation on the number or location of proposals funded during any fiscal year under 16 U.S.C. acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $664,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to remain available through September 30, 2025, (16 U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public Law 78-310). range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94-579, to remain available through September 30, 2025, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. management of national forest lands for subsistence uses For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq. ), $1,099,000, to remain available through September 30, 2025. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading ``Department of Agriculture--Forest Service--Wildland Fire Management'' for wildfire suppression operations, $2,120,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) and section 4005(e) of S. Con. communications site administration (including transfer of funds) Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115- 334), shall be deposited in the special account established by section 8705(f)(1) of such Act, shall be available to cover the costs described in subsection (c)(3) of such section of such Act, and shall remain available until expended: Provided, That such amounts shall be transferred to the ``National Forest System'' account. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c). Funds made available to the Forest Service in this Act may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided, That any transfer of funds pursuant to this paragraph shall not increase or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S. government, private sector, and international organizations. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)). Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99-663. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation. and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, remnant Natural Resource Manager, and National Technology and Development Program. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited in the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain available until expended and, notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of that Act (25 U.S.C. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. indian health facilities For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. National Institutes of Health national institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $84,540,000. OTHER RELATED AGENCIES Executive Office of the President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $4,200,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical Safety and Hazard Investigation Board salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. Institute of American Indian and Alaska Native Culture and Arts Development payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq. ), $11,000,000, which shall become available on July 1, 2022, and shall remain available until September 30, 2023. 2536) on the intended sale. facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. John F. Kennedy Center for the Performing Arts operations and maintenance For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, $27,000,000, to remain available until September 30, 2023. capital repair and restoration For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $13,440,000, to remain available until expended. Woodrow Wilson International Center for Scholars salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $14,000,000, to remain available until September 30, 2023. Administrative Provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 956a), $5,000,000: Provided, That the item relating to ``National Capital Arts and Cultural Affairs'' in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2022 in the second paragraph by inserting ``, calendar year 2020 excluded'' before the first period: Provided further, That in determining an eligible organization's annual income for calendar years 2021 and 2022, funds or grants received by the eligible organization from any supplemental appropriations Act related to coronavirus or any other law providing appropriations for the purpose of preventing, preparing for, or responding to coronavirus shall be counted as part of the eligible organization's annual income. Advisory Council on Historic Preservation salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89-665), $8,255,000. 2301-2310), $62,616,000, of which $715,000 shall remain available until September 30, 2024, for the Museum's equipment replacement program; and of which $3,000,000 for the Museum's repair and rehabilitation program and $1,264,000 for the Museum's outreach initiatives program shall remain available until expended. Presidio Trust The Presidio Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333), in an amount not to exceed $20,000,000. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. disclosure of administrative expenses Sec. a) Limitation of Funds.--None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. ( (c) Report.--On September 30, 2023, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104-208). ( d) Mineral Examinations.--In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). forest management plans Sec. The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or (3) such contract was awarded prior to the date of enactment of this Act. b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. Of the funds provided to the National Endowment for the Arts-- (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. ( (b) In this section: (1) The term ``underserved population'' means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. ( c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. status of balances of appropriations Sec. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. 1752), shall remain in effect for fiscal year 2022. b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. ( (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not-- (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. ( a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. ( b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. ( The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. ( Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department's wildland fire management program to such organizations. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting ``October 1, 2023'' for ``September 30, 2019''. reprogramming guidelines Sec. None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat. local contractors Sec. Section 426 of division G of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be applied by substituting ``September 30, 2022'' for ``September 30, 2019''. 528 note), as amended by section 335(6) of Public Law 108-108 and section 432 of Public Law 113-76, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''. b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2022 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent process for the payment of such leases. forest ecosystem health and recovery fund Sec. (b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. ( c) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than amounts that are allocated by subsections (a) and (b) of this section of this Act. ( Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each account for that land management Agency under the allocations submitted under section 200303(c)(1) of title 54, United States Code. ( 2) The Federal land acquisition and Forest Legacy projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. e) The Department of the Interior and the Department of Agriculture shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances for amounts allocated pursuant to subsections (a) and (b) of this section, including all uncommitted, committed, and unobligated funds. policies relating to biomass energy Sec. small remote incinerators Sec. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as ``small, remote incinerator'' units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. The Secretary of Health and Human Services may authorize an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603) that is awarded a grant or contract under title V of that Act (25 U.S.C. 1651 et seq.) The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. Any services during 2022 that generate payments payable in 2023 shall be disregarded in applying this subsection. ( 2) The premium pay waiver under paragraph(1) of this subsection shall apply to individuals serving as wildland firefighters and as fire management response officials, including regional fire directors, deputy regional fire directors, agency officials who directly oversee fire operations, and fire management officers, and individuals serving on incident management teams (IMTs), at the National Interagency Fire Center (NIFC), at Geographic Area Coordinating Centers (GACCs), and at Operations centers. ( (b) Any overtime pay for services described in subsection (a) that is payable under an authority outside of title 5, United States Code, shall be disregarded in calculating any annual limit on the amount of overtime pay payable in 2022. ( d)(1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. ( (4) For the purpose of applying this subsection, ``basic pay'' includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. ( The Secretary of Agriculture shall not be considered to be in violation of section 3(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)(1)) for not completing a comprehensive river management plan within 3 full fiscal years after the date of designation, except the comprehensive river management plan must be completed or appropriately updated not later than the completion of the next applicable forest plan revision. This Act may be cited as the ``Department of the Interior, Environment, and Related Agencies Appropriations Act, 2022''.

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. shall remain available until expended: Provided, That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94-579 (43 U.S.C. 1701 et seq. ), and under section 28 of the Mineral Leasing Act (30 U.S.C. miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available until expended. administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $29,620,000, to remain available until expended. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq. ), $6,000,000, to remain available until expended. administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. 1474b-1: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited under the heading ``United States Fish and Wildlife Service--Resource Management'' and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended. 101; Public Law 115-102), $3,300,000 of the funds provided under this heading shall be made available for the purposes specified by that Act: Provided further, That sections (7)(b) and (8) of that Act shall be amended by striking ``July 1, 2022'' and inserting ``July 1, 2023''. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $85,160,000, to remain available until September 30, 2023, of which $3,500,000 shall be for projects specified for Statutory and Contractual Aid in the table that appears under the heading ``Congressionally Directed Spending'' in the explanatory statement accompanying this Act. centennial challenge For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $15,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. ), including the review of applications for permits to drill. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. In addition, $115,000,000, to remain available until expended, for grants to States and federally recognized Indian Tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act: Provided, That such additional amount shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. Indian Affairs Bureau of Indian Affairs operation of indian programs (including transfers of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13) and the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq. Indian Land Consolidation For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462), and the American Indian Probate Reform Act of 2004 (Public Law 108-374), $75,000,000, to remain available until expended: Provided, That any provisions of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462) that requires or otherwise relates to application of a lien shall not apply to the acquisition funded herein. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. 13), shall be made available on a nonreimbursable basis: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. indian guaranteed loan program account For the cost of guaranteed loans and insured loans, $11,833,000, to remain available until September 30, 2023, of which $1,629,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $103,456,940. and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed $92,285,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to July 1, 2022: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. administrative provisions The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. 15), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government's trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe's ability to access future appropriations. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school's operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in tribal priority allocations initiated by an Indian Tribe. shall remain available until expended by the contractor or grantee. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $96,498,000, to remain available until September 30, 2023. Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General, $66,382,000, to remain available until September 30, 2023. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading ``Department of the Interior--Department-Wide Programs--Wildland Fire Management'' for wildfire suppression operations, $330,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) and section 4005(e) of S. Con. central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq. ), $10,036,000, to remain available until expended. Natural Resource Damage Assessment and Restoration natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq. ), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq. ), $7,933,000, to remain available until expended. administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. General Provisions, Department of the Interior (including transfers of funds) emergency transfer authority--intra-bureau Sec. emergency transfer authority--department-wide Sec. authorized use of funds Sec. authorized use of funds, indian trust management Sec. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. outer continental shelf inspection fees Sec. a) In fiscal year 2022, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the ``Offshore Safety and Environmental Enforcement'' account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). ( Fees for fiscal year 2022 shall be-- (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. ( e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. contracts and agreements for wild horse and burro holding facilities Sec. Notwithstanding any other provision of law, during fiscal year 2022, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. b) The head of each bureau may exclude confidential business information. 1853), is further amended by striking ``the date that is 15 years after the date of enactment of this section'' and inserting ``2023''. ( d) Section 106(b) of Public Law 103-449, as amended (108 Stat. 3802), is further amended by striking ``2021'' and inserting ``2023''. ( 3801); (4) in section 707 (110 Stat. 3801); (5) in section 809 (110 Stat. 3802) by striking ``2021'' and inserting ``2023''. ( 3082), is further amended by striking ``2021'' and inserting ``2023''. ( 3802), is further amended by striking ``2021'' and inserting ``2023''. ( n) Section 125(a) of title IV of Public Law 109-338 (120 Stat. 2714), is further amended by striking ``September 30, 2021'' and inserting ``September 30, 2037''. ( q) Section 295D(d) of Public Law 109-338, as amended (54 U.S.C. 320101 note; 120 Stat. (a) Study.--The Secretary of the Interior (Secretary) shall conduct a study to evaluate-- (1) resources associated with the 1965 Voting Rights March from Selma to Montgomery not currently part of the Selma to Montgomery National Historic Trail (Trail) (16 U.S.C. 1244(a)(20)) that would be appropriate for addition to the Trail; and (2) the potential designation of the Trail as a unit of the National Park System instead of, or in addition to, remaining a designated part of the National Trails System. ( c) Land Acquisition.--The Secretary is authorized, subject to the availability of appropriations and at her discretion, to acquire property or interests therein located in the city of Selma, Alabama and generally depicted on the map entitled, ``Selma to Montgomery NHT Proposed Addition,'' numbered 628/177376 and dated September 14, 2021, with the consent of the owner, for the benefit of the Selma to Montgomery National Historic Trail and to further the purpose for which the trail has been established. border mitigation Sec. The Secretary of the Interior is authorized to accept transfers of funds from the Secretary of Homeland Security for mitigation activities, including land acquisition, related to construction of border barriers on Federal lands and to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1). In addition, $9,000,000 to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $52,000,000, to remain available until September 30, 2023. Buildings and Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $62,752,000, to remain available until expended. Inland Oil Spill Programs For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $22,409,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 1301); (13) $5,000,000 shall be for grants under section 4304(b) of the America's Water Infrastructure Act of 2018 (Public Law 115-270); (14) $10,000,000 shall be for grants to States, federally recognized Tribes, public pre-schools, local educational agencies as defined in 20 U.S.C. 7801(30), and non-profit organizations, for assessment, prevention, control, or abatement of wildfire smoke hazards in community buildings including schools as defined in 20 U.S.C. 4283(a)), including up to 2 percent of this amount for the Environmental Protection Agency's administrative costs: Provided, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaska Native Villages as defined in Public Law 92-203. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2022, to remain available until expended. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $150,000 per project. For fiscal year 2022, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. 4370e), is available for expenses and equipment necessary for modernization and development of information technology of, or for use by, the Environmental Protection Agency. For this fiscal year and each fiscal year thereafter, the Administrator may, after consultation with the Office of Personnel Management, employ up to seventy-five persons at any one time in the Office of Research and Development and twenty-five persons at any one time in the Office of Chemical Safety and Pollution Prevention under the authority provided in 42 U.S.C. 209. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $315,009,000, to remain available through September 30, 2025: Provided, That of the funds provided, $20,000,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. 501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94-579, to remain available through September 30, 2025, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. ), $1,099,000, to remain available through September 30, 2025. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. communications site administration (including transfer of funds) Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115- 334), shall be deposited in the special account established by section 8705(f)(1) of such Act, shall be available to cover the costs described in subsection (c)(3) of such section of such Act, and shall remain available until expended: Provided, That such amounts shall be transferred to the ``National Forest System'' account. Funds made available to the Forest Service in this Act may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided, That any transfer of funds pursuant to this paragraph shall not increase or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S. government, private sector, and international organizations. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99-663. Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, remnant Natural Resource Manager, and National Technology and Development Program. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. indian health facilities For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. National Institutes of Health national institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $84,540,000. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $4,200,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Institute of American Indian and Alaska Native Culture and Arts Development payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq. ), $11,000,000, which shall become available on July 1, 2022, and shall remain available until September 30, 2023. 2536) on the intended sale. facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. John F. Kennedy Center for the Performing Arts operations and maintenance For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, $27,000,000, to remain available until September 30, 2023. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $14,000,000, to remain available until September 30, 2023. National Foundation on the Arts and the Humanities National Endowment for the Arts grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $182,500,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. Administrative Provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 956a), $5,000,000: Provided, That the item relating to ``National Capital Arts and Cultural Affairs'' in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2022 in the second paragraph by inserting ``, calendar year 2020 excluded'' before the first period: Provided further, That in determining an eligible organization's annual income for calendar years 2021 and 2022, funds or grants received by the eligible organization from any supplemental appropriations Act related to coronavirus or any other law providing appropriations for the purpose of preventing, preparing for, or responding to coronavirus shall be counted as part of the eligible organization's annual income. United States Holocaust Memorial Museum holocaust memorial museum For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106-292 (36 U.S.C. 2301-2310), $62,616,000, of which $715,000 shall remain available until September 30, 2024, for the Museum's equipment replacement program; and of which $3,000,000 for the Museum's repair and rehabilitation program and $1,264,000 for the Museum's outreach initiatives program shall remain available until expended. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. c) Report.--On September 30, 2023, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104-208). (d) Mineral Examinations.--In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or (3) such contract was awarded prior to the date of enactment of this Act. national endowment for the arts grant guidelines Sec. Of the funds provided to the National Endowment for the Arts-- (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. ( (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. ( 2) The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ( The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. extension of grazing permits Sec. b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. ( (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not-- (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. ( a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. ( (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. ( c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting ``October 1, 2023'' for ``September 30, 2019''. Section 422 of division F of Public Law 110-161 (121 Stat 1844), as amended, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''. Section 426 of division G of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be applied by substituting ``September 30, 2022'' for ``September 30, 2019''. a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall commence no earlier than the date of receipt of the lease proposal. ( The authority provided under the heading ``Forest Ecosystem Health and Recovery Fund'' in title I of Public Law 111-88, as amended by section 117 of division F of Public Law 113-235, shall be applied by substituting ``fiscal year 2022'' for ``fiscal year 2020'' each place it appears. b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. ( Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each account for that land management Agency under the allocations submitted under section 200303(c)(1) of title 54, United States Code. ( 2) The Federal land acquisition and Forest Legacy projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. ( small remote incinerators Sec. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as ``small, remote incinerator'' units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. to use funds provided in such grant or contract for minor renovations to facilities or construction or expansion of facilities, including leased facilities, to assist the urban Indian organization in meeting or maintaining standards issued by Federal or State governments or by accreditation organizations. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. Any services during 2022 that generate payments payable in 2023 shall be disregarded in applying this subsection. ( c) Any pay that is disregarded under either subsection (a) or (b) shall be disregarded in calculating such employee's aggregate pay for purposes of applying the limitation in section 5307 of title 5, United States Code, during 2022. (d)(1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. ( 4) For the purpose of applying this subsection, ``basic pay'' includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. ( 1274(d)(1)) for not completing a comprehensive river management plan within 3 full fiscal years after the date of designation, except the comprehensive river management plan must be completed or appropriately updated not later than the completion of the next applicable forest plan revision. This Act may be cited as the ``Department of the Interior, Environment, and Related Agencies Appropriations Act, 2022''.

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. 13), shall be made available on a nonreimbursable basis: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. a) In fiscal year 2022, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the ``Offshore Safety and Environmental Enforcement'' account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). ( For fiscal year 2022, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $315,009,000, to remain available through September 30, 2025: Provided, That of the funds provided, $20,000,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. 5324(l)) for fiscal year 2022, such sums as may be necessary, which shall be available for obligation through September 30, 2023: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. d) Mineral Examinations.--In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). ( b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. ( 2) The Federal land acquisition and Forest Legacy projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. ( ( 1274(d)(1)) for not completing a comprehensive river management plan within 3 full fiscal years after the date of designation, except the comprehensive river management plan must be completed or appropriately updated not later than the completion of the next applicable forest plan revision.

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. ), For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. Indian Land Consolidation For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462), and the American Indian Probate Reform Act of 2004 (Public Law 108-374), $75,000,000, to remain available until expended: Provided, That any provisions of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106-462) that requires or otherwise relates to application of a lien shall not apply to the acquisition funded herein. In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government's trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe's ability to access future appropriations. ), ( c) Land Acquisition.--The Secretary is authorized, subject to the availability of appropriations and at her discretion, to acquire property or interests therein located in the city of Selma, Alabama and generally depicted on the map entitled, ``Selma to Montgomery NHT Proposed Addition,'' numbered 628/177376 and dated September 14, 2021, with the consent of the owner, for the benefit of the Selma to Montgomery National Historic Trail and to further the purpose for which the trail has been established. For this fiscal year and each fiscal year thereafter, the Administrator may, after consultation with the Office of Personnel Management, employ up to seventy-five persons at any one time in the Office of Research and Development and twenty-five persons at any one time in the Office of Chemical Safety and Pollution Prevention under the authority provided in 42 U.S.C. 209. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. ( ( ( ( The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. ( ( ( ( b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. ( ( b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. ( ( ( d)(1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. ( ( 1274(d)(1)) for not completing a comprehensive river management plan within 3 full fiscal years after the date of designation, except the comprehensive river management plan must be completed or appropriately updated not later than the completion of the next applicable forest plan revision.

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $315,009,000, to remain available through September 30, 2025: Provided, That of the funds provided, $20,000,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. d) Mineral Examinations.--In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). ( 2) The Federal land acquisition and Forest Legacy projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. ( (

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. ), For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. ), ( c) Land Acquisition.--The Secretary is authorized, subject to the availability of appropriations and at her discretion, to acquire property or interests therein located in the city of Selma, Alabama and generally depicted on the map entitled, ``Selma to Montgomery NHT Proposed Addition,'' numbered 628/177376 and dated September 14, 2021, with the consent of the owner, for the benefit of the Selma to Montgomery National Historic Trail and to further the purpose for which the trail has been established. For this fiscal year and each fiscal year thereafter, the Administrator may, after consultation with the Office of Personnel Management, employ up to seventy-five persons at any one time in the Office of Research and Development and twenty-five persons at any one time in the Office of Chemical Safety and Pollution Prevention under the authority provided in 42 U.S.C. 209. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. ( ( ( ( b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. ( ( b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. ( ( ( d)(1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. ( (

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $315,009,000, to remain available through September 30, 2025: Provided, That of the funds provided, $20,000,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. d) Mineral Examinations.--In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). ( 2) The Federal land acquisition and Forest Legacy projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. ( (

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. ), For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. ), ( Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. ( ( ( ( b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. ( ( b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. ( ( ( d)(1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. ( (

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. Alyce Spotted Bear and Walter Soboleff Commission on Native Children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the ``Commission''), $200,000 to remain available until September 30, 2023: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. ( 2) The Federal land acquisition and Forest Legacy projects in the ``Submission of Cost Estimates'' required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. ( (

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2022, and for other purposes. ), For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. ), ( ( ( ( ( b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. ( ( b) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled ``Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022'' in the explanatory statement accompanying this Act. ( ( (

This bill provides FY2022 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), the Bureau of Land Management (BLM), the National Oceanic and Atmospheric Administration (NOAA), and other related agencies. The bill provides appropriations to Interior for The bill also provides appropriations for NOAA, NOAA, and the National Park Service.

This bill provides FY2022 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies. The bill provides appropriations to Interior for The bill also transfers 25% of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands to Interior.

This bill provides FY2022 appropriations for the U.S. Forest Service (USFS), the Bureau of Land Management (BLM), and the Department of the Interior. The bill provides appropriations to the USFS for The bill also provides appropriations for Interior to (1) establish a national endowment for the arts grant guidelines, and (2) establish an endowment to support the arts and culture of the United States.

This bill provides FY2022 appropriations to the Department of the Interior for various activities, including The bill provides appropriations to Interior for The bill also provides appropriations for the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE).

This bill provides FY2022 appropriations to the Department of the Interior for various agencies, including The bill provides appropriations to Interior for the following agencies: The bill also sets forth requirements for the use of funds provided by this and other appropriations acts. The bill sets forth provisions related to the National Park Service, the Bureau of Land Management (BLM), and the National Endowment for the Arts (NEA).

This bill provides FY2022 appropriations to the Department of the Interior for specified agencies, including The bill provides appropriations to Interior for the following agencies: Interior shall use the funds for specified purposes: The bill also provides appropriations for The bill sets forth requirements for the use of funds provided by this and other appropriations acts.

This bill provides FY2022 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies. The bill provides appropriations to Interior for The bill also provides appropriations for The EPA must collect a nonrefundable inspection fee, which shall be deposited in the Offshore Safety and Environmental Enforcement account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). The EPA may use the fee for specified activities, such as inspections of offshore oil and gas facilities. The Department of Agriculture must provide appropriations to the Forest Service for forest and rangeland research

This bill provides FY2022 appropriations to the Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service. The bill provides appropriations to Interior for The bill also provides appropriations for Interior to acquire property or interests therein located in the city of Selma, Alabama and generally depicted on the map entitled, Selma to Montgomery NHT Proposed Addition, dated September 14, 2021, with the consent of the owner, for the benefit of the Selma-Montgomery National Historic Trail and to further the purpose for which the trail has been established.

Making appropriations for the Department of the Interior, environment,                and related agencies for the fiscal year ending September 30, 2022, and                other purposes, namely:                 The following appropriations are made in accordance with the following sections of the United States Code, as amended, for the purpose of appropriating funds for the following purposes:                                 (1)        (2)              (3)                     (4)       (5)      (6)     For necessary expenses for protection,

Health

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Lifesaving Screenings Act of 2021'' or the ``PALS Act''. SEC. 2. PROTECTING COVERAGE FOR SCREENING MAMMOGRAPHY. (a) In General.--Effective during the period beginning on the date of the enactment of this Act and ending January 1, 2028, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening mammography shall be administered as if-- (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening mammography last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)). (b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (e) Application to Services Furnished Through Department of Veterans Affairs.--Section 7322(b) of title 38, United States Code, is amended to read as follows: ``(b) The policy developed under subsection (a), and any other policy of the Department of Veterans Affairs relating to mammography screening, shall-- ``(1) specify standards of mammography screening that ensure that the frequency of such screenings is not less than the frequency of such screenings provided pursuant to section 2(a) of the Protecting Access to Lifesaving Screenings Act of 2021; ``(2) provide recommendations, consistent with paragraph (1), with respect to screening, and the frequency of screening, for veterans, without regard to age, who have clinical symptoms, risk factors, or family history of breast cancer; and ``(3) provide for clinician discretion in individual cases.''. <all>

This bill makes a series of changes relating to health insurance coverage of screening mammography. Specifically, the bill requires that any provision of law referring to current recommendations of the U.S. Preventive Services Task Force (USPSTF) with respect to breast cancer screening mammography be administered as if (1) the provision referred to USPSTF recommendations last issued before 2009; and (2) those recommendations applied to any screening mammography modality, including any digital modality of such a procedure. This requirement shall also apply to the Veterans Health Administration's policy on mammography screening for veterans. In addition, the bill preserves Medicare coverage for screening mammography, without a requirement for coinsurance, and expands the definition of screening mammography to include any digital modality of such a procedure. Further, the Centers for Medicare & Medicaid Services may not decrease the frequency with which screening mammography may be paid by Medicare for a woman over 39 years of age. In 2009, the USPSTF updated its guidelines to recommend against routine screening mammography for women between 40 to 49 years of age and to recommend biennial, instead of annual, screening mammography for most women between 50 to 74 years of age. In 2015, through the appropriations process, a three-year moratorium was placed on implementing the guidelines; the moratorium was subsequently renewed until January 1, 2023.

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Lifesaving Screenings Act of 2021'' or the ``PALS Act''. SEC. 2. PROTECTING COVERAGE FOR SCREENING MAMMOGRAPHY. (a) In General.--Effective during the period beginning on the date of the enactment of this Act and ending January 1, 2028, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening mammography shall be administered as if-- (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening mammography last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)). (b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (e) Application to Services Furnished Through Department of Veterans Affairs.--Section 7322(b) of title 38, United States Code, is amended to read as follows: ``(b) The policy developed under subsection (a), and any other policy of the Department of Veterans Affairs relating to mammography screening, shall-- ``(1) specify standards of mammography screening that ensure that the frequency of such screenings is not less than the frequency of such screenings provided pursuant to section 2(a) of the Protecting Access to Lifesaving Screenings Act of 2021; ``(2) provide recommendations, consistent with paragraph (1), with respect to screening, and the frequency of screening, for veterans, without regard to age, who have clinical symptoms, risk factors, or family history of breast cancer; and ``(3) provide for clinician discretion in individual cases.''. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Lifesaving Screenings Act of 2021'' or the ``PALS Act''. SEC. 2. PROTECTING COVERAGE FOR SCREENING MAMMOGRAPHY. (a) In General.--Effective during the period beginning on the date of the enactment of this Act and ending January 1, 2028, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening mammography shall be administered as if-- (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening mammography last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)). 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (e) Application to Services Furnished Through Department of Veterans Affairs.--Section 7322(b) of title 38, United States Code, is amended to read as follows: ``(b) The policy developed under subsection (a), and any other policy of the Department of Veterans Affairs relating to mammography screening, shall-- ``(1) specify standards of mammography screening that ensure that the frequency of such screenings is not less than the frequency of such screenings provided pursuant to section 2(a) of the Protecting Access to Lifesaving Screenings Act of 2021; ``(2) provide recommendations, consistent with paragraph (1), with respect to screening, and the frequency of screening, for veterans, without regard to age, who have clinical symptoms, risk factors, or family history of breast cancer; and ``(3) provide for clinician discretion in individual cases.''.

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Lifesaving Screenings Act of 2021'' or the ``PALS Act''. SEC. 2. PROTECTING COVERAGE FOR SCREENING MAMMOGRAPHY. (a) In General.--Effective during the period beginning on the date of the enactment of this Act and ending January 1, 2028, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening mammography shall be administered as if-- (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening mammography last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)). (b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (e) Application to Services Furnished Through Department of Veterans Affairs.--Section 7322(b) of title 38, United States Code, is amended to read as follows: ``(b) The policy developed under subsection (a), and any other policy of the Department of Veterans Affairs relating to mammography screening, shall-- ``(1) specify standards of mammography screening that ensure that the frequency of such screenings is not less than the frequency of such screenings provided pursuant to section 2(a) of the Protecting Access to Lifesaving Screenings Act of 2021; ``(2) provide recommendations, consistent with paragraph (1), with respect to screening, and the frequency of screening, for veterans, without regard to age, who have clinical symptoms, risk factors, or family history of breast cancer; and ``(3) provide for clinician discretion in individual cases.''. <all>

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Lifesaving Screenings Act of 2021'' or the ``PALS Act''. SEC. 2. PROTECTING COVERAGE FOR SCREENING MAMMOGRAPHY. (a) In General.--Effective during the period beginning on the date of the enactment of this Act and ending January 1, 2028, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening mammography shall be administered as if-- (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening mammography last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)). (b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (e) Application to Services Furnished Through Department of Veterans Affairs.--Section 7322(b) of title 38, United States Code, is amended to read as follows: ``(b) The policy developed under subsection (a), and any other policy of the Department of Veterans Affairs relating to mammography screening, shall-- ``(1) specify standards of mammography screening that ensure that the frequency of such screenings is not less than the frequency of such screenings provided pursuant to section 2(a) of the Protecting Access to Lifesaving Screenings Act of 2021; ``(2) provide recommendations, consistent with paragraph (1), with respect to screening, and the frequency of screening, for veterans, without regard to age, who have clinical symptoms, risk factors, or family history of breast cancer; and ``(3) provide for clinician discretion in individual cases.''. <all>

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. ( d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. ( d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. ( d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. ( d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. (

To amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. b) Continuing Medicare Coverage Without Coinsurance.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting after ``in the case of such services described in subparagraph (A)'' the following: ``(other than screening mammography)''. (c) Maintaining Frequency of Medicare Coverage.--Section 1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(c)(2)(B)(ii)) is amended by inserting before the period at the end the following: ``, except that in the case of a woman over 39 years of age, such revision may not decrease such frequency''. ( d) Clarifying the Definition of Screening Mammography.--Section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by inserting ``, including any digital modality (such as screening breast tomosynthesis) of such a procedure,'' after ``radiologic procedure''. (

This bill modifies provisions of law that refer to the current recommendations of the U.S. Preventive Services Task Force with respect to breast cancer screening mammography. Specifically, the bill requires such provisions to be administered as if (1) such reference to such current recommendations were a reference to the recommendations of such Task Force that were last issued before 2009, and (2) such recommendations applied to any screening mammogram modality under the Medicare prescription drug benefit.

This bill provides for Medicare coverage of breast cancer screening mammography. Specifically, the bill provides that any provision of law that refers (including through cross-reference to another law) to the current recommendations of the U.S. Preventive Services Task Force with respect to breast cancer screenings shall be administered as if (1) such reference to such recommendations were a reference to the recommendations of such task force that were last issued before 2009, and (2) such recommendations applied to any screening mammogram modality under Medicare, including any digital modality (such as screening breasttomosynthesis).

This bill modifies Medicare coverage of breast cancer screening mammography to include any digital modality (such as screening breast tomosynthesis) of such a procedure after radiologic procedures. The bill also requires the Department of Veterans Affairs (VA) to specify standards of mammography screening that ensure that the frequency of such screenings is not less than the frequency provided under Medicare.

This bill modifies provisions of federal law relating to breast cancer screening mammography. Specifically, the bill requires federal law to be administered as if (1) the current recommendations of the U.S. Preventive Services Task Force with respect to mammography last issued before 2009 applied to any mammography modality under the Medicare prescription drug benefit, and (2) any digital modality (such as screening breast tomosynthesis) of such a procedure was included in the definition of mammography after radiologic procedures.

This bill modifies provisions relating to Medicare coverage of breast cancer screening mammography. Specifically, the bill specifies that any provision of law that refers (including through cross-reference to another provision) to the current recommendations of the U.S. Preventive Services Task Force with respect to mammography shall be administered as if (1) such reference to such current recommendations were a reference to the recommendations of such task force last issued before 2009, and (2) such recommendations applied to any mammography modality, including any digital modality (such as screening breast tomosynthesis) of such a procedure. The Department of Veterans Affairs

This bill modifies provisions relating to breast cancer screening mammography coverage under Medicare and the Department of Veterans Affairs (VA) to ensure that the frequency of such screenings is not less than the recommended recommendations of the U.S. Preventive Services Task Force.

This bill modifies the Medicare coverage of screening mammography. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to maintain coverage of mammography for women over 39 years of age. The CMS must also revise the frequency of coverage of such mammography to increase the frequency for women who are under age 39.

This bill provides for Medicare coverage of screening mammography, including any digital modality of such a procedure.

To amend title XVIII of the Social Security Act to protect coverage for                 ▼ 󾌂                 (the “Protecting Access to Lifesaving                Screenings Act of 2021”) for breast cancer screening mammography, and for other purposes.▬▬▬▬▬▬▬ ▬▬▬▬▬▬▬ ▬▬▬▬▬ ▬▬▬▬ ▬▬▬▬▬ (the ``protecting access to lifesaving 񛛛 󼚾 �    �

Housing and Community Development

To provide grants to owners of intergenerational dwelling units, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandfamily Housing Act of 2021''. SEC. 2. GRANT PROGRAM FOR GRANDFAMILY HOUSING. (a) In General.--Title II of the LEGACY Act of 2003 is amended by adding at the end the following: ``SEC. 206. GRANT PROGRAM. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(b) Application.--To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(c) Use of Grant Amounts.--An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with-- ``(1) employing a service coordinator to-- ``(A) provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and ``(B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act); ``(2) facilitating outreach to intergenerational families as described in subsection (c); ``(3) planning and providing services to intergenerational families; and ``(4) maintaining spaces within the property which contains the intergenerational dwelling unit used for programing and services for intergenerational families. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023. <all>

This bill establishes grants through the Department of Housing and Urban Development for owners of intergenerational dwellings. Grants must be used to (1) provide services such as tutoring, health care services, and after-school care; (2) perform outreach to intergenerational families in the surrounding community; and (3) maintain spaces within the property to be used for programs and services for intergenerational families.

To provide grants to owners of intergenerational dwelling units, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandfamily Housing Act of 2021''. SEC. 2. GRANT PROGRAM FOR GRANDFAMILY HOUSING. (a) In General.--Title II of the LEGACY Act of 2003 is amended by adding at the end the following: ``SEC. 206. GRANT PROGRAM. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(b) Application.--To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(c) Use of Grant Amounts.--An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with-- ``(1) employing a service coordinator to-- ``(A) provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and ``(B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act); ``(2) facilitating outreach to intergenerational families as described in subsection (c); ``(3) planning and providing services to intergenerational families; and ``(4) maintaining spaces within the property which contains the intergenerational dwelling unit used for programing and services for intergenerational families. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023. <all>

To provide grants to owners of intergenerational dwelling units, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandfamily Housing Act of 2021''. SEC. 2. (a) In General.--Title II of the LEGACY Act of 2003 is amended by adding at the end the following: ``SEC. 206. GRANT PROGRAM. ``(b) Application.--To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(c) Use of Grant Amounts.--An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with-- ``(1) employing a service coordinator to-- ``(A) provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and ``(B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act); ``(2) facilitating outreach to intergenerational families as described in subsection (c); ``(3) planning and providing services to intergenerational families; and ``(4) maintaining spaces within the property which contains the intergenerational dwelling unit used for programing and services for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandfamily Housing Act of 2021''. SEC. 2. GRANT PROGRAM FOR GRANDFAMILY HOUSING. (a) In General.--Title II of the LEGACY Act of 2003 is amended by adding at the end the following: ``SEC. 206. GRANT PROGRAM. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(b) Application.--To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(c) Use of Grant Amounts.--An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with-- ``(1) employing a service coordinator to-- ``(A) provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and ``(B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act); ``(2) facilitating outreach to intergenerational families as described in subsection (c); ``(3) planning and providing services to intergenerational families; and ``(4) maintaining spaces within the property which contains the intergenerational dwelling unit used for programing and services for intergenerational families. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023. <all>

To provide grants to owners of intergenerational dwelling units, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandfamily Housing Act of 2021''. SEC. 2. GRANT PROGRAM FOR GRANDFAMILY HOUSING. (a) In General.--Title II of the LEGACY Act of 2003 is amended by adding at the end the following: ``SEC. 206. GRANT PROGRAM. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(b) Application.--To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(c) Use of Grant Amounts.--An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with-- ``(1) employing a service coordinator to-- ``(A) provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and ``(B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act); ``(2) facilitating outreach to intergenerational families as described in subsection (c); ``(3) planning and providing services to intergenerational families; and ``(4) maintaining spaces within the property which contains the intergenerational dwelling unit used for programing and services for intergenerational families. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023. <all>

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

To provide grants to owners of intergenerational dwelling units, and for other purposes. ``(a) In General.--The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. ``(d) Outreach.-- ``(1) In general.--An owner of an intergenerational dwelling unit that receives a grant shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by-- ``(A) performing periodic informational outreach; and ``(B) planning and executing events for intergenerational families. ``(2) Coordination.--Outreach shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.''. (b) Report.--Not later than 1 year after the date of the enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that-- (1) describes the effectiveness of the grant program establish pursuant to section 206 of the LEGACY Act of 2003; and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023.

This bill directs the Department of Housing and Urban Development (HUD) to establish a program to provide grants to owners of intergenerational dwelling units to cover costs associated with (1) employing a service coordinator to provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and (2) coordinating with any local kinship navigator program.

This bill directs the Department of Housing and Urban Development (HUD) to establish a grant program to provide grants to owners of intergenerational dwelling units. Grant recipients must use grant funds to (1) provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and (2) coordinate with any local kinship navigator program. HUD must also report on the effectiveness of the grant program.

This bill requires the Department of Housing and Urban Development (HUD) to establish a grant program for owners of intergenerational dwelling units to cover costs associated with (1) employing a service coordinator to provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and (2) facilitating outreach to such families. Outreach must, where possible, be in coordination with a local kinship navigator program or a comparable program or entity in the state in which the unit is located.

This bill directs the Department of Housing and Urban Development to establish a grant program to provide grants to owners of intergenerational dwelling units. Grant recipients must use grant funds to cover costs associated with (1) employing a service coordinator to provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and (2) facilitating outreach to such families.

This bill directs the Department of Housing and Urban Development (HUD) to establish a grant program to provide grants to owners of intergenerational dwelling units. Grant recipients must use funds to cover costs associated with (1) employing a service coordinator to provide onsite services to intergeneration families, including tutoring, health care services, and afterschool care; and (2) coordinating with any local kinship navigator program.

This bill directs the Department of Housing and Urban Development (HUD) to establish a grant program to provide grants to owners of intergenerational dwelling units. Grant recipients must employ a service coordinator to provide onsite services to intergeneration families, coordinate with any local kinship navigator program, and engage with the community surrounding the property that contains the grandfamily housing.

This bill requires the Department of Housing and Urban Development (HUD) to establish a grant program to provide assistance to owners of intergenerational dwelling units (i.e., homes that are owned by two or more generations). Specifically, HUD must award grants to states, Indian tribes, and local governments to (1) provide technical assistance to the owners of such units, and (2) provide outreach to such owners.

This bill requires the Department of Housing and Urban Development (HUD) to establish a program to provide grants to owners of intergenerational dwelling units. Grant recipients must engage with families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by (1) performing periodic informational outreach, and (2) planning and executing events for such families.

To provide grants to owners of intergenerational dwelling units, and for other purposes as described in section 474(a)(7) of the Social Security Act (as described in subsection (c) of this section), and ``(1) In General.--The Secretary of Housing and Urban Development shall, not later than 180 days after the date of the enactment of this Act, establish a grant program to ݁ (as the Secretary may reasonably require) for the purpose of providing grants to                , and ``(2) In general.--An owner of an                dwelling unit that receives a grant under

Economics and Public Finance

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act of 2021''. SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``SEC. 1311. CONTINUING APPROPRIATIONS. ``(a)(1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding appropriation Act for such preceding fiscal year; or ``(B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2)(A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(i) 99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; ``(ii) in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; or ``(iii) 99 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act, for the period of 90 days. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. <all>

This bill provides continuing appropriations to prevent a government shutdown if any appropriations measure for a fiscal year has not been enacted before the fiscal year begins or a joint resolution making continuing appropriations is not in effect. For an initial 90-day period, the bill provides continuing appropriations at 99% of the rate for the preceding year to continue programs, projects, and activities for which funds were provided in the preceding fiscal year. The bill reduces the continuing appropriations by 1% after the first 90-day period and by an additional 1% for each subsequent 90-day period until the applicable appropriations legislation is enacted.

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act of 2021''. SEC. 1311. CONTINUING APPROPRIATIONS. ``(a)(1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding appropriation Act for such preceding fiscal year; or ``(B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2)(A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(i) 99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; ``(ii) in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; or ``(iii) 99 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act, for the period of 90 days. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311.

To amend title 31, United States Code, to provide for automatic continuing resolutions. 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 ``Government Shutdown Prevention Act of 2021''. SEC. 1311. CONTINUING APPROPRIATIONS. ``(a)(1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding appropriation Act for such preceding fiscal year; or ``(B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311.

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act of 2021''. SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``SEC. 1311. CONTINUING APPROPRIATIONS. ``(a)(1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding appropriation Act for such preceding fiscal year; or ``(B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2)(A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(i) 99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; ``(ii) in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; or ``(iii) 99 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act, for the period of 90 days. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. <all>

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act of 2021''. SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``SEC. 1311. CONTINUING APPROPRIATIONS. ``(a)(1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding appropriation Act for such preceding fiscal year; or ``(B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2)(A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(i) 99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; ``(ii) in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; or ``(iii) 99 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act, for the period of 90 days. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. <all>

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. ( Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. ( Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. ( Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. ( Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''.

To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. ( Continuing appropriations.''.

This bill provides for automatic continuing appropriations to continue federal programs, projects, and activities that were provided in the preceding fiscal year. If any appropriations measure for a fiscal year is not enacted before the beginning of the fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided (1) in the corresponding appropriation act for the preceding year, or (2) if the corresponding appropriations bill for such a preceding year did not become law. The bill also requires appropriations to be at a rate of operations not

This bill provides for automatic continuing appropriations for federal programs, projects, and activities if appropriations for a fiscal year are not enacted before the beginning of the fiscal year or a joint resolution making continuing appropriations is not in effect.

This bill provides for automatic continuing appropriations to continue federal programs, projects, and activities if any appropriation measure for a fiscal year is not enacted before the beginning of the fiscal year or a joint resolution making continuing appropriations is not in effect.

This bill provides for automatic continuing appropriations to continue federal programs, projects, and activities for which funds were provided in the preceding fiscal year if any appropriation measure for a fiscal year is not enacted before the beginning of the fiscal year or a joint resolution making continuing appropriations is not in effect. The bill also requires appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year to be at a rate of operations not in excess of the lower of (1) 99% of the rates of operations provided for in the regular appropriation act providing for such program, program, and activity for

This bill provides for automatic continuing appropriations for federal programs, projects, and activities if any appropriations measure for a fiscal year is not enacted before the beginning of the fiscal year or a joint resolution making continuing appropriations is not in effect.

This bill provides for automatic continuing resolutions that provide funds to continue federal programs, projects, and activities for 90 days after a fiscal year begins. The bill requires appropriations to be made available at a rate of operations not in excess of the lower of (1) 99% of the rates of operations provided for in the regular appropriation act providing for such program, project, or activity for the preceding fiscal year, or (2) the annualized rate of operation provided for by the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this bill.

This bill provides for automatic continuing resolution (CR) funding for federal programs, projects, and activities during a lapse in appropriations. Specifically, the CR must be available for the period beginning with the first day of a lapse and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law or a continuing resolution making appropriations becomes law, as the case may be. After the first 90 days of a CR, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which the CR is in effect for that fiscal year, the rate of operation shall increase by 1

This bill provides for automatic continuing resolution (CR) funding for federal programs, projects, and activities during a lapse in appropriations. Specifically, the CR provides funding for a program, project, or activity for the period beginning with the first day of a lapse and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law or a continuing resolution making appropriations becomes law, as the case may be. After the first 90-day period during which the CR is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point.

To amend title 31, United States Code, project activity or continuing appropriations for a program, project, or activity for any fiscal year, to provide for automatic appropriations for the period beginning with the first day of a lapse in the lapse in appropriations for such program, program, or project, to be made by a joint resolution of the House of Representatives and the Senate of the United States of America in Congress assembled, ``(a)(1) If any appropriation measure for a fiscal year is not                enacted before the beginning of such fiscal year or a jointresolution                making continuing appropriations is not in effect, there are

Taxation

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ABOVE THE LINE DEDUCTION FOR ATTORNEY FEES RELATING TO AWARDS FOR PROPERTY DAMAGE DUE TO CERTAIN WILDFIRES. (a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. (b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. SEC. 2. EXCLUSION OF CERTAIN WILDFIRE SETTLEMENT PROCEEDS FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. CERTAIN WILDFIRE SETTLEMENT PROCEEDS. ``(a) In General.--Gross income shall not include amounts paid by a qualified settlement fund established to compensate victims for losses or damages in connection with a qualifying wildfire disaster (as defined in section 62(a)(22)(B)). ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Wildfire settlement proceeds.''. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020. <all>

This bill allows a deduction from gross income (above the line deduction) for attorney fees and court costs awarded with respect to a qualifying wildfire disaster (i.e., any forest or range fire that is a federally declared disaster, occurs in a disaster area, and occurs in 2015 or later). The bill excludes from the gross income of a taxpayer, for income tax purposes, amounts paid to compensate victims for losses or damages in connection with a qualifying wildfire disaster.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ABOVE THE LINE DEDUCTION FOR ATTORNEY FEES RELATING TO AWARDS FOR PROPERTY DAMAGE DUE TO CERTAIN WILDFIRES. (a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. (b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. SEC. 2. EXCLUSION OF CERTAIN WILDFIRE SETTLEMENT PROCEEDS FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. CERTAIN WILDFIRE SETTLEMENT PROCEEDS. ``(a) In General.--Gross income shall not include amounts paid by a qualified settlement fund established to compensate victims for losses or damages in connection with a qualifying wildfire disaster (as defined in section 62(a)(22)(B)). ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Wildfire settlement proceeds.''. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ABOVE THE LINE DEDUCTION FOR ATTORNEY FEES RELATING TO AWARDS FOR PROPERTY DAMAGE DUE TO CERTAIN WILDFIRES. (a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. 2. EXCLUSION OF CERTAIN WILDFIRE SETTLEMENT PROCEEDS FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Wildfire settlement proceeds.''. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ABOVE THE LINE DEDUCTION FOR ATTORNEY FEES RELATING TO AWARDS FOR PROPERTY DAMAGE DUE TO CERTAIN WILDFIRES. (a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. (b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. SEC. 2. EXCLUSION OF CERTAIN WILDFIRE SETTLEMENT PROCEEDS FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. CERTAIN WILDFIRE SETTLEMENT PROCEEDS. ``(a) In General.--Gross income shall not include amounts paid by a qualified settlement fund established to compensate victims for losses or damages in connection with a qualifying wildfire disaster (as defined in section 62(a)(22)(B)). ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Wildfire settlement proceeds.''. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ABOVE THE LINE DEDUCTION FOR ATTORNEY FEES RELATING TO AWARDS FOR PROPERTY DAMAGE DUE TO CERTAIN WILDFIRES. (a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. (b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. SEC. 2. EXCLUSION OF CERTAIN WILDFIRE SETTLEMENT PROCEEDS FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. CERTAIN WILDFIRE SETTLEMENT PROCEEDS. ``(a) In General.--Gross income shall not include amounts paid by a qualified settlement fund established to compensate victims for losses or damages in connection with a qualifying wildfire disaster (as defined in section 62(a)(22)(B)). ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Wildfire settlement proceeds.''. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. ( a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. ( b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. ( b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. ( a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. ( b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. ( a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. ( b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. ( a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. b) Effective Date.--The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. ``(b) Qualified Settlement Fund.--The term `qualified settlement fund' has the meaning given such term in Section 1.468B-1 of title 26, Code of Federal Regulations.''. ( b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages. a) In General.--Section 62(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(22) Attorney fees and court costs relating to awards with respect to certain wildfires.-- ``(A) In general.--Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. ``(B) Qualifying wildfire disaster.--For purposes of subparagraph (A), the term `qualifying wildfire disaster' means any forest or range fire that-- ``(i) is a federally declared disaster (as such term is defined in section 165(i)(5)(A)), ``(ii) occurs in a disaster area (as such term is defined in section 165(i)(5)(B)), and ``(iii) occurs in calendar year 2015 or later.''. ( a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. (c) Effective Date.--The amendment made by this section shall apply to amounts paid after May 31, 2020.

This bill allows a tax deduction for attorney fees and court costs paid by a taxpayer in connection with any award with respect to a qualifying wildfire disaster. The bill excludes from gross income settlement funds received from a judgment or settlement resulting from such damages.

This bill allows a tax deduction for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any wildfire disaster. The bill defines wildfire disaster as any forest or range fire that (1) is a federally declared disaster, (2) occurs in a disaster area, and (3) is in calendar year 2015 or later.

This bill allows a deduction for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The bill excludes from gross income any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim.

This bill allows a tax deduction for attorney fees and court costs paid by, or on behalf of, a taxpayer in connection with any award with respect to a qualifying wildfire disaster. The bill also excludes from gross income amounts paid by a qualified settlement fund established to compensate victims for losses or damages in relation to a wildfire disaster (i.e., a forest or range fire that is a federally declared disaster, occurs in a disaster area, and occurs in calendar year 2015 or later).

This bill allows a tax deduction for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The bill excludes from gross income any amounts paid by a qualified settlement fund established to compensate victims for losses or damages in relation to such a disaster.

This bill allows a tax deduction for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The bill excludes from gross income, for income tax purposes, amounts paid by a qualified settlement fund established to compensate victims for losses or damages caused by a wildfire disaster in calendar year 2015 or later.

This bill allows a tax deduction for attorney fees and court costs paid by, or on behalf of, a taxpayer in connection with a wildfire disaster. The bill excludes from gross income settlement funds received with respect to such damages.

This bill allows a tax deduction for attorney fees and court costs paid by, or on behalf of, a taxpayer in connection with any award with respect to a qualifying wildfire disaster.

To amend the Internal Revenue Code of 1986 to establish a deduction for (a) indemnification for attorney fees awarded with respect to certain wildfire damages and to (b) exclude from gross income settlement funds received from a wildfire disaster (as defined in section 165(i)(5)(B)), and to (c) include in the taxable income of a taxpayer who has been compensated for damages caused by a qualifying wildfire disaster in accordance with the provisions of section 62(a) III in the ▬▬ ▬▬▬▬▬▬▬▬▬▬ ▬▬▬▬ ▬▬▬▬▬ ▬ ▬ (a

Government Operations and Politics

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Service for Taxpayers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Internal Revenue Service administers and enforces the Federal tax laws of the United States and should seek to continually improve customer service based on taxpayer needs and feedback. (2) The people of the United States deserve a communication system with the Internal Revenue Service that is reliable, efficient, accessible, and easy to navigate across multiple channels. (3) Many agencies, offices, programs, and Federal employees provide excellent customer experiences to taxpayers. However, many aspects 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 Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. The average score from individual e-filers was a 76, small business and self- employed filers gave an average score of 67, and large business and international filers and individual paper filers gave an average score of 59. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. The number of employees providing these services dropped by 29 percent, and the number of customer service representatives decreased by 41 percent. (6) The Internal Revenue Service spent nearly 15 percent less during fiscal year 2020 when compared to fiscal year 2010 in examinations and collections. During this time period, the number of Internal Revenue Service employees working in this area declined by 32 percent and the number of Internal Revenue Service employees working as revenue agents declined by 40 percent. (7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. (9) To improve services to taxpayers, the Internal Revenue Service should work across its departments, leverage updated technology to track tax returns, and enhance the customer service experience. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Internal Revenue Service should improve its taxpayer support services and customer service experiences for the people of the United States. To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. A significant portion of Internal Revenue Service funding should be spent on increasing the number of employees in taxpayer-facing positions, including employees working to address taxpayer questions and as customer service staff, (3) Congress should appropriate the funding necessary to enable the IRS to achieve these improved standards for taxpayer services and support, (4) the Internal Revenue Service should accelerate its hiring timeline for onboarding new employees, to enable an easy career transition for incoming employees and ensure the Internal Revenue Service is not losing prospective employees because of a slow hiring process, and (5) the Internal Revenue Service should expedite its ongoing efforts to develop and expand electronic portals, through which taxpayers can check the status of their tax returns and submit inquiries to the Internal Revenue Service. SEC. 4. TAXPAYER SERVICE REQUIREMENTS. (a) Telephone Availability.--The Commissioner of Internal Revenue shall ensure that each office and division of the Internal Revenue Service is staffed with employees to answer phone calls during standard business hours, including 7:00 a.m. to 7:00 p.m. local time, Mondays through Fridays, excluding Federal holidays. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. SEC. 5. SERVICE REQUIREMENT IMPROVEMENT REPORT. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers. Such report shall include specific progress updates relating to the telephone availability requirements of section 4(a) and the mail submissions requirements of section 4(b), and may include requests for additional support from Congress, as needed, to improve service to taxpayers by the Internal Revenue Service. <all>

This bill requires the Internal Revenue Service (IRS) to ensure that (1) each IRS office and division is staffed with employees to answer phone calls during standard business hours; and (2) within 15 business days of receipt of a mailed tax return, the agency acknowledges receipt of such tax return by mailing the taxpayer a hard copy response letter. The letter shall include a phone number for the taxpayer to call with questions and a notification of tax return processing.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Service for Taxpayers Act''. 2. FINDINGS. (2) The people of the United States deserve a communication system with the Internal Revenue Service that is reliable, efficient, accessible, and easy to navigate across multiple channels. (3) Many agencies, offices, programs, and Federal employees provide excellent customer experiences to taxpayers. However, many aspects 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 Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. The average score from individual e-filers was a 76, small business and self- employed filers gave an average score of 67, and large business and international filers and individual paper filers gave an average score of 59. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. During this time period, the number of Internal Revenue Service employees working in this area declined by 32 percent and the number of Internal Revenue Service employees working as revenue agents declined by 40 percent. (7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. SENSE OF CONGRESS. To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. 4. TAXPAYER SERVICE REQUIREMENTS. (a) Telephone Availability.--The Commissioner of Internal Revenue shall ensure that each office and division of the Internal Revenue Service is staffed with employees to answer phone calls during standard business hours, including 7:00 a.m. to 7:00 p.m. local time, Mondays through Fridays, excluding Federal holidays. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. SEC. 5. SERVICE REQUIREMENT IMPROVEMENT REPORT. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Service for Taxpayers Act''. 2. FINDINGS. (2) The people of the United States deserve a communication system with the Internal Revenue Service that is reliable, efficient, accessible, and easy to navigate across multiple channels. (3) Many agencies, offices, programs, and Federal employees provide excellent customer experiences to taxpayers. The average score from individual e-filers was a 76, small business and self- employed filers gave an average score of 67, and large business and international filers and individual paper filers gave an average score of 59. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. During this time period, the number of Internal Revenue Service employees working in this area declined by 32 percent and the number of Internal Revenue Service employees working as revenue agents declined by 40 percent. (7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. SENSE OF CONGRESS. 4. TAXPAYER SERVICE REQUIREMENTS. (a) Telephone Availability.--The Commissioner of Internal Revenue shall ensure that each office and division of the Internal Revenue Service is staffed with employees to answer phone calls during standard business hours, including 7:00 a.m. to 7:00 p.m. local time, Mondays through Fridays, excluding Federal holidays. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. SEC. 5. SERVICE REQUIREMENT IMPROVEMENT REPORT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Service for Taxpayers Act''. 2. FINDINGS. Congress finds the following: (1) The Internal Revenue Service administers and enforces the Federal tax laws of the United States and should seek to continually improve customer service based on taxpayer needs and feedback. (2) The people of the United States deserve a communication system with the Internal Revenue Service that is reliable, efficient, accessible, and easy to navigate across multiple channels. (3) Many agencies, offices, programs, and Federal employees provide excellent customer experiences to taxpayers. However, many aspects 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 Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. The average score from individual e-filers was a 76, small business and self- employed filers gave an average score of 67, and large business and international filers and individual paper filers gave an average score of 59. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. The number of employees providing these services dropped by 29 percent, and the number of customer service representatives decreased by 41 percent. During this time period, the number of Internal Revenue Service employees working in this area declined by 32 percent and the number of Internal Revenue Service employees working as revenue agents declined by 40 percent. (7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. (9) To improve services to taxpayers, the Internal Revenue Service should work across its departments, leverage updated technology to track tax returns, and enhance the customer service experience. SENSE OF CONGRESS. To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. A significant portion of Internal Revenue Service funding should be spent on increasing the number of employees in taxpayer-facing positions, including employees working to address taxpayer questions and as customer service staff, (3) Congress should appropriate the funding necessary to enable the IRS to achieve these improved standards for taxpayer services and support, (4) the Internal Revenue Service should accelerate its hiring timeline for onboarding new employees, to enable an easy career transition for incoming employees and ensure the Internal Revenue Service is not losing prospective employees because of a slow hiring process, and (5) the Internal Revenue Service should expedite its ongoing efforts to develop and expand electronic portals, through which taxpayers can check the status of their tax returns and submit inquiries to the Internal Revenue Service. 4. TAXPAYER SERVICE REQUIREMENTS. (a) Telephone Availability.--The Commissioner of Internal Revenue shall ensure that each office and division of the Internal Revenue Service is staffed with employees to answer phone calls during standard business hours, including 7:00 a.m. to 7:00 p.m. local time, Mondays through Fridays, excluding Federal holidays. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. SEC. 5. SERVICE REQUIREMENT IMPROVEMENT REPORT. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Service for Taxpayers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Internal Revenue Service administers and enforces the Federal tax laws of the United States and should seek to continually improve customer service based on taxpayer needs and feedback. (2) The people of the United States deserve a communication system with the Internal Revenue Service that is reliable, efficient, accessible, and easy to navigate across multiple channels. (3) Many agencies, offices, programs, and Federal employees provide excellent customer experiences to taxpayers. However, many aspects 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 Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. The average score from individual e-filers was a 76, small business and self- employed filers gave an average score of 67, and large business and international filers and individual paper filers gave an average score of 59. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. The number of employees providing these services dropped by 29 percent, and the number of customer service representatives decreased by 41 percent. (6) The Internal Revenue Service spent nearly 15 percent less during fiscal year 2020 when compared to fiscal year 2010 in examinations and collections. During this time period, the number of Internal Revenue Service employees working in this area declined by 32 percent and the number of Internal Revenue Service employees working as revenue agents declined by 40 percent. (7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. (9) To improve services to taxpayers, the Internal Revenue Service should work across its departments, leverage updated technology to track tax returns, and enhance the customer service experience. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Internal Revenue Service should improve its taxpayer support services and customer service experiences for the people of the United States. To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. A significant portion of Internal Revenue Service funding should be spent on increasing the number of employees in taxpayer-facing positions, including employees working to address taxpayer questions and as customer service staff, (3) Congress should appropriate the funding necessary to enable the IRS to achieve these improved standards for taxpayer services and support, (4) the Internal Revenue Service should accelerate its hiring timeline for onboarding new employees, to enable an easy career transition for incoming employees and ensure the Internal Revenue Service is not losing prospective employees because of a slow hiring process, and (5) the Internal Revenue Service should expedite its ongoing efforts to develop and expand electronic portals, through which taxpayers can check the status of their tax returns and submit inquiries to the Internal Revenue Service. SEC. 4. TAXPAYER SERVICE REQUIREMENTS. (a) Telephone Availability.--The Commissioner of Internal Revenue shall ensure that each office and division of the Internal Revenue Service is staffed with employees to answer phone calls during standard business hours, including 7:00 a.m. to 7:00 p.m. local time, Mondays through Fridays, excluding Federal holidays. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. SEC. 5. SERVICE REQUIREMENT IMPROVEMENT REPORT. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers. Such report shall include specific progress updates relating to the telephone availability requirements of section 4(a) and the mail submissions requirements of section 4(b), and may include requests for additional support from Congress, as needed, to improve service to taxpayers by the Internal Revenue Service. <all>

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. 7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. ( To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. TAXPAYER SERVICE REQUIREMENTS. ( (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. 6) The Internal Revenue Service spent nearly 15 percent less during fiscal year 2020 when compared to fiscal year 2010 in examinations and collections. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. ( It is the sense of Congress that-- (1) the Internal Revenue Service should improve its taxpayer support services and customer service experiences for the people of the United States. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. 6) The Internal Revenue Service spent nearly 15 percent less during fiscal year 2020 when compared to fiscal year 2010 in examinations and collections. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. ( It is the sense of Congress that-- (1) the Internal Revenue Service should improve its taxpayer support services and customer service experiences for the people of the United States. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. 7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. ( To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. TAXPAYER SERVICE REQUIREMENTS. ( (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. 6) The Internal Revenue Service spent nearly 15 percent less during fiscal year 2020 when compared to fiscal year 2010 in examinations and collections. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. ( It is the sense of Congress that-- (1) the Internal Revenue Service should improve its taxpayer support services and customer service experiences for the people of the United States. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. 7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. ( To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. TAXPAYER SERVICE REQUIREMENTS. ( (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. 6) The Internal Revenue Service spent nearly 15 percent less during fiscal year 2020 when compared to fiscal year 2010 in examinations and collections. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. ( It is the sense of Congress that-- (1) the Internal Revenue Service should improve its taxpayer support services and customer service experiences for the people of the United States. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. 7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. ( To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. TAXPAYER SERVICE REQUIREMENTS. ( (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. 6) The Internal Revenue Service spent nearly 15 percent less during fiscal year 2020 when compared to fiscal year 2010 in examinations and collections. (8) Taxpayers will experience an easier, clearer, and quicker tax filing system if the Internal Revenue Service provides more reliable and efficient customer service and taxpayer support services. ( It is the sense of Congress that-- (1) the Internal Revenue Service should improve its taxpayer support services and customer service experiences for the people of the United States. (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

To require that the offices of the Internal Revenue Service are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns, and for other purposes. 4) According to the 2020 American Customer Satisfaction Index Benchmark, which ranges from 0 to 100, the Internal Revenue Service scored at or below average compared to customer satisfaction with other Federal agencies. (5) The amount of funding spent on taxpayer assistance and education decreased by $5,000,000 between fiscal year 2010 and fiscal year 2020. 7) Completing the hiring process for prospective Internal Revenue Service employees can take the agency approximately six to eight months. ( To do this, the Internal Revenue Service must develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry to the Internal Revenue Service, (2) adequate funding is needed to ensure that Internal Revenue Service workforce, staffing levels, and technological resources can provide the public with improved customer service and problem resolution. TAXPAYER SERVICE REQUIREMENTS. ( (b) Mail Submissions.--The Commissioner of Internal Revenue shall ensure that within 15 business days of receipt of a mailed tax return, the Internal Revenue Service shall acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the Internal Revenue Service. Not later than 365 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue shall provide an annual report to Congress on the status of its efforts to reach the goals of improving services to taxpayers.

This bill requires the offices of the Internal Revenue Service (IRS) to be staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns.

This bill requires the offices of the Internal Revenue Service (IRS) to be staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns.

This bill requires the Internal Revenue Service (IRS) to ensure that each office and division of the IRS is staffed with employees to answer phone calls during standard business hours, including 7:00 a.m.-7:00 p.m. local time, Mondays through Fridays, excluding federal holidays. The IRS must ensure that within 15 business days of receipt of a mailed tax return, the IRS must acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which must include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed

This bill requires the Internal Revenue Service (IRS) to ensure that each office and division of the IRS is staffed with employees to answer phone calls during standard business hours and mail returns within 15 business days of receipt of a mailed tax return. It also requires the IRS to acknowledge receipt of mailed tax returns by mailing the taxpayer a hard copy response letter.

This bill requires the Internal Revenue Service (IRS) to ensure that each office and division of the IRS is staffed with employees to answer phone calls during standard business hours, including 7:00 a.m.-7:00 p.m. local time, Mondays through Fridays, excluding federal holidays. The IRS must ensure that within 15 business days of receipt of a mailed tax return, the IRS must acknowledge receipt of such tax return by mailing the taxpayer a hard copy response letter, which shall include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by

This bill requires the Internal Revenue Service (IRS) to ensure that each office and division of the IRS is staffed with employees to answer phone calls during standard business hours and quickly confirm receipt of hard mail tax returns. The IRS must report annually to Congress on its efforts to improve its taxpayer support services and customer service experiences.

This bill requires the Internal Revenue Service (IRS) to ensure that within 15 business days of receipt of a mailed tax return, the IRS must acknowledge receipt of such return by mailing the taxpayer a hard copy response letter, which must include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the IRS. The IRS must also ensure that the offices of the IRS are staffed with employees to answer phone calls during business hours and quickly confirm receipt of hard mail tax returns.

This bill requires the Internal Revenue Service (IRS) to ensure that within 15 business days of receipt of a mailed tax return, the IRS must acknowledge receipt of such return by mailing the taxpayer a hard copy response letter, which must include a phone number for the taxpayer to call with questions and a statement notifying the taxpayer that their tax return is being processed by the IRS. The IRS must also develop an efficient system that enables taxpayers to track the process of their tax submissions and receive timely support when submitting an inquiry.

To require that the offices of the Internal Revenue Service are staffed ݁ 󾌂 ݂ ̶ ̶̶ ̶ to provide a more efficient and reliable and efficient customer service to the United States of America in Congress assembled,                SECTION 1. SHORT TITLE. 2. FINDINGS. (1) The Internal Revenue service administers and enforces �   ́ ̀ ̄ ̆ ̂ ̃ the Federal tax laws of the United

Taxation

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Harassing Owners of Rifles Today Act'' or the ``SHORT Act''. SEC. 2. DEFINITION OF FIREARM. (a) In General.--Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(1) a shotgun'' and all that follows through ``as defined in subsection (e);'', and (2) by redesignating paragraphs (6) through (8) as paragraphs (1) through (3), respectively. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Requirements for Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons Determined by Reference.--In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon.''. SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons.--Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle, short-barreled shotgun, or any other weapon (as that term is defined in section 5845 of the Internal Revenue Code of 1986) in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle, shotgun, or other weapon, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (b) Applicable Weapon.--For purposes of this section, the term ``applicable weapon'' means-- (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun-- (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code. <all>

This bill removes certain short-barreled rifles, short-barreled shotguns, and other weapons from the definition of a firearm for purposes of regulation under the National Firearms Act (NFA). The bill also eliminates certain restrictions that apply to the sale or transportation of such rifles and shotguns in interstate commerce. If a state or local registration or licensing requirement is determined by reference to the NFA, the bill treats persons who acquire or possess a short-barreled rifle, short-barreled shotgun, or other weapon in accordance with the Gun Control Act of 1968 as meeting the registration and licensing requirements. The bill preempts certain state or local laws that tax or regulate these rifles, shotguns, and weapons. The Bureau of Alcohol, Tobacco, Firearms and Explosives must destroy records relating to the registration, transfer, or manufacture of applicable weapons described by this bill within one year after the enactment of this bill.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Harassing Owners of Rifles Today Act'' or the ``SHORT Act''. 2. DEFINITION OF FIREARM. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. 5. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons.--Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle, short-barreled shotgun, or any other weapon (as that term is defined in section 5845 of the Internal Revenue Code of 1986) in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle, shotgun, or other weapon, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (b) Applicable Weapon.--For purposes of this section, the term ``applicable weapon'' means-- (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun-- (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITION OF FIREARM. (c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. 5. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons.--Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle, short-barreled shotgun, or any other weapon (as that term is defined in section 5845 of the Internal Revenue Code of 1986) in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle, shotgun, or other weapon, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (b) Applicable Weapon.--For purposes of this section, the term ``applicable weapon'' means-- (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun-- (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Harassing Owners of Rifles Today Act'' or the ``SHORT Act''. 2. DEFINITION OF FIREARM. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Requirements for Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons Determined by Reference.--In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon.''. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons.--Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle, short-barreled shotgun, or any other weapon (as that term is defined in section 5845 of the Internal Revenue Code of 1986) in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle, shotgun, or other weapon, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (b) Applicable Weapon.--For purposes of this section, the term ``applicable weapon'' means-- (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun-- (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code.

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Harassing Owners of Rifles Today Act'' or the ``SHORT Act''. SEC. 2. DEFINITION OF FIREARM. (a) In General.--Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(1) a shotgun'' and all that follows through ``as defined in subsection (e);'', and (2) by redesignating paragraphs (6) through (8) as paragraphs (1) through (3), respectively. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Requirements for Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons Determined by Reference.--In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon.''. SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons.--Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle, short-barreled shotgun, or any other weapon (as that term is defined in section 5845 of the Internal Revenue Code of 1986) in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle, shotgun, or other weapon, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (b) Applicable Weapon.--For purposes of this section, the term ``applicable weapon'' means-- (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun-- (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code. <all>

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. c) Conforming Amendment.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by inserting ``or'' after ``device,''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS. DESTRUCTION OF RECORDS. (

This bill removes short-barreled rifles, shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act. The bill also increases the excise tax on such firearms to $5 for each such firearm transferred.

This bill removes short-barreled rifles and shotguns from the definition of firearms for purposes of the National Firearms Act.

This bill modifies the tax treatment of short-barreled rifles, shotguns, and other weapons that are determined by the National Firearms Act. Specifically, the bill increases from $5 to $10 the tax rate on a firearm classified as any other weapon for each such firearm transferred. The bill also prohibits a state or political subdivision of a state that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting such a weapon in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle, shotgun

This bill modifies the tax treatment of short-barreled rifles, shotguns, and other weapons. Specifically, the bill increases the excise tax on such weapons to $5 for each firearm transferred. The bill also prohibits states from imposing a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a rifle, shotgun, or other weapon in interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle.

This bill eliminates the tax exclusion for short-barreled rifles and shotguns used for lawful purposes. The bill also requires the Department of Justice to destroy any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record and any application to transfer filed under such record that identifies the transferee of such weapon.

This bill removes short-barreled rifles and shotguns from the definition of firearms for purposes of the National Firearms Act.

This bill removes short-barreled rifles, shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act.

This bill removes short-barreled rifles, shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act (NFAA). The bill also prohibits states from enacting laws that prohibit the possession, sale, or transfer of such weapons.

To amend the Internal Revenue Code of 1986 to remove short-barreled                 Short-Barreled Rifles, short-barreled shotguns, and certain other weapons from the                 definition of firearms for purposes of the National Firearms Act, and                 to amend the 󾌰 (a) (b) (c) (d) (e) (f) (g) (h) (i) (u) (j) (k) (l) (m) (n) (p) (s) (t) (v) (a

Armed Forces and National Security

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1482]] Public Law 117-62 117th Congress An Act To direct the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2093]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans and Family Information Act. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Family Information Act''. SEC. 2. <<NOTE: 38 USC 6303 note.>> FACT SHEETS. (a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). (b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. The website shall be accessible by a clearly labeled hyperlink on the homepage of the Department. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. The report shall include the following: (1) <<NOTE: Determination.>> What the Secretary determines constitutes a fact sheet of the Department for purposes of this Act. (2) How such fact sheets are utilized and distributed other than on and through the website of the Department. (3) How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. (4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[Page 135 STAT. 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2093: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 15, considered and passed House. Nov. 2, considered and passed Senate. <all>

This bill requires the Department of Veterans Affairs (VA) to make all of its fact sheets available in English, Spanish, Tagalog, and each of the 10 most commonly spoken languages not listed. The bill also requires the VA to establish a publicly available website that provides links to all VA fact sheets. Finally, the VA must report to Congress regarding the utilization of such fact sheets as well as the details of the Language Access Plan of the VA.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1482]] Public Law 117-62 117th Congress An Act To direct the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2093]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans and Family Information Act. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Family Information Act''. SEC. 2. <<NOTE: 38 USC 6303 note.>> FACT SHEETS. (a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). (b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. The website shall be accessible by a clearly labeled hyperlink on the homepage of the Department. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. The report shall include the following: (1) <<NOTE: Determination.>> What the Secretary determines constitutes a fact sheet of the Department for purposes of this Act. (2) How such fact sheets are utilized and distributed other than on and through the website of the Department. (3) How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. (4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[Page 135 STAT. 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2093: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 15, considered and passed House. Nov. 2, considered and passed Senate. <all>

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1482]] Public Law 117-62 117th Congress An Act To direct the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2093]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans and Family Information Act. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Family Information Act''. SEC. 2. <<NOTE: 38 USC 6303 note.>> FACT SHEETS. (b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. The website shall be accessible by a clearly labeled hyperlink on the homepage of the Department. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. The report shall include the following: (1) <<NOTE: Determination.>> What the Secretary determines constitutes a fact sheet of the Department for purposes of this Act. (2) How such fact sheets are utilized and distributed other than on and through the website of the Department. (3) How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. (4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[Page 135 STAT. 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2093: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 15, considered and passed House.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1482]] Public Law 117-62 117th Congress An Act To direct the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2093]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans and Family Information Act. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Family Information Act''. SEC. 2. <<NOTE: 38 USC 6303 note.>> FACT SHEETS. (a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). (b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. The website shall be accessible by a clearly labeled hyperlink on the homepage of the Department. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. The report shall include the following: (1) <<NOTE: Determination.>> What the Secretary determines constitutes a fact sheet of the Department for purposes of this Act. (2) How such fact sheets are utilized and distributed other than on and through the website of the Department. (3) How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. (4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[Page 135 STAT. 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2093: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 15, considered and passed House. Nov. 2, considered and passed Senate. <all>

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1482]] Public Law 117-62 117th Congress An Act To direct the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2093]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans and Family Information Act. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Family Information Act''. SEC. 2. <<NOTE: 38 USC 6303 note.>> FACT SHEETS. (a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). (b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. The website shall be accessible by a clearly labeled hyperlink on the homepage of the Department. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. The report shall include the following: (1) <<NOTE: Determination.>> What the Secretary determines constitutes a fact sheet of the Department for purposes of this Act. (2) How such fact sheets are utilized and distributed other than on and through the website of the Department. (3) How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. (4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[Page 135 STAT. 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2093: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 15, considered and passed House. Nov. 2, considered and passed Senate. <all>

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). ( (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. 2) How such fact sheets are utilized and distributed other than on and through the website of the Department. ( 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. 4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[ 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. 167 (2021): June 15, considered and passed House.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. 4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[ 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. 167 (2021): June 15, considered and passed House.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). ( (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. 2) How such fact sheets are utilized and distributed other than on and through the website of the Department. ( 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. 4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[ 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. 167 (2021): June 15, considered and passed House.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). ( (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. 2) How such fact sheets are utilized and distributed other than on and through the website of the Department. ( 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. 4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[ 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. 167 (2021): June 15, considered and passed House.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). ( (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. 2) How such fact sheets are utilized and distributed other than on and through the website of the Department. ( 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. b) Website.--The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. 4) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. [[ 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. 167 (2021): June 15, considered and passed House.

[117th Congress Public Law 62] [From the U.S. Government Publishing Office] [[Page 135 STAT. a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). ( (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. 2) How such fact sheets are utilized and distributed other than on and through the website of the Department. ( 1483]] (5) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.

This bill requires the Department of Veterans Affairs (VA) to make available versions of all fact sheets of the VA in English, Spanish, and Tagalog, and other commonly spoken languages. The VA must establish and maintain a publicly available website that contains links to all such fact sheets, including those of the Veterans Benefits Administration, Veterans Health Administration, and National Cemetery Administration.

This act requires the Department of Veterans Affairs (VA) to make available versions of all fact sheets of the VA in English, Spanish, and Tagalog. The VA must establish and maintain a publicly available website that contains links to all such fact sheets.

This act directs the Department of Veterans Affairs (VA) to make all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and National Cemetery Administration available in English, Spanish, and Tagalog, and other commonly spoken languages. The VA must also establish and maintain a publicly available website that contains links to all such fact sheets and details of the Language Access Plan of the VA.

This act requires the Department of Veterans Affairs (VA) to make available versions of all fact sheets of the VA in English, Spanish, and Tagalog. The VA must also establish and maintain a publicly available website that contains links to all such fact sheets.

This bill requires the Department of Veterans Affairs (VA) to make available versions of all fact sheets of the VA in English, Spanish, Tagalog, and each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by this bill. The VA must establish and maintain a publicly available website that contains links to all such fact sheets.

This act requires the Department of Veterans Affairs (VA) to make available versions of all fact sheets of the VA in English, Spanish, Tagalog, and each of the 10 most commonly spoken languages, other than English, in the United States. The VA must establish and maintain a publicly available website that contains links to all such fact sheets.

This bill requires the Department of Veterans Affairs (VA) to establish and maintain a publicly available website that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and the National Cemetery Administration that contain information regarding veterans with limited English proficiency.

This bill requires the Department of Veterans Affairs (VA) to make available versions of all fact sheets of the VA in English, Spanish, Tagalog, and each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by such fact sheets. The VA must also report on its Language Access Plan.

[117th Congress Public Law 62]=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=--=-=-=---=-=-=-=-=-=-=-=-=-=-+=-=--=-=-==-=---=---=-=-==----=-=-=-!=-----=-=-!--=-!--------------H.R. 2093]>>                 Be it enacted by the Senate and House of Representatives of the                United States of America in Congress assembled, <<NOTE: Veterans and                Family Information Act. <<

Health

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. SEC. 2. ADVANCED PAYMENT MODEL INCENTIVE, PARTICIPATION, AND THRESHOLD MODIFICATIONS. (a) In General.--Section 1833(z) of the Social Security Act (42 U.S.C. 1395l(z)) is amended-- (1) in paragraph (1)(A), by striking ``2024'' and inserting ``2026''; and (2) in paragraph (2)(C)-- (A) in clause (i), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; (B) in clause (ii)(I)-- (i) in the matter preceding item (aa), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; and (ii) in item (bb)-- (I) by striking ``and other than payments made under title XIX'' and inserting ``other than payments made under title XIX''; and (II) by striking ``State program under that title),'' and inserting ``State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional)''; and (C) by adding at the end the following new clause: ``(iv) Applicable percent defined.--For purposes of clauses (i) and (ii), the term `applicable percent' means-- ``(I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and ``(II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year.''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''. <all>

This bill extends certain incentive payments for health professionals who participate in eligible alternative payment models under Medicare.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. SEC. 2. ADVANCED PAYMENT MODEL INCENTIVE, PARTICIPATION, AND THRESHOLD MODIFICATIONS. (a) In General.--Section 1833(z) of the Social Security Act (42 U.S.C. 1395l(z)) is amended-- (1) in paragraph (1)(A), by striking ``2024'' and inserting ``2026''; and (2) in paragraph (2)(C)-- (A) in clause (i), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; (B) in clause (ii)(I)-- (i) in the matter preceding item (aa), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; and (ii) in item (bb)-- (I) by striking ``and other than payments made under title XIX'' and inserting ``other than payments made under title XIX''; and (II) by striking ``State program under that title),'' and inserting ``State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional)''; and (C) by adding at the end the following new clause: ``(iv) Applicable percent defined.--For purposes of clauses (i) and (ii), the term `applicable percent' means-- ``(I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and ``(II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year.''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''. <all>

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. SEC. 1395l(z)) is amended-- (1) in paragraph (1)(A), by striking ``2024'' and inserting ``2026''; and (2) in paragraph (2)(C)-- (A) in clause (i), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; (B) in clause (ii)(I)-- (i) in the matter preceding item (aa), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; and (ii) in item (bb)-- (I) by striking ``and other than payments made under title XIX'' and inserting ``other than payments made under title XIX''; and (II) by striking ``State program under that title),'' and inserting ``State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional)''; and (C) by adding at the end the following new clause: ``(iv) Applicable percent defined.--For purposes of clauses (i) and (ii), the term `applicable percent' means-- ``(I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and ``(II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year.''. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. SEC. 2. ADVANCED PAYMENT MODEL INCENTIVE, PARTICIPATION, AND THRESHOLD MODIFICATIONS. (a) In General.--Section 1833(z) of the Social Security Act (42 U.S.C. 1395l(z)) is amended-- (1) in paragraph (1)(A), by striking ``2024'' and inserting ``2026''; and (2) in paragraph (2)(C)-- (A) in clause (i), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; (B) in clause (ii)(I)-- (i) in the matter preceding item (aa), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; and (ii) in item (bb)-- (I) by striking ``and other than payments made under title XIX'' and inserting ``other than payments made under title XIX''; and (II) by striking ``State program under that title),'' and inserting ``State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional)''; and (C) by adding at the end the following new clause: ``(iv) Applicable percent defined.--For purposes of clauses (i) and (ii), the term `applicable percent' means-- ``(I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and ``(II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year.''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''. <all>

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. SEC. 2. ADVANCED PAYMENT MODEL INCENTIVE, PARTICIPATION, AND THRESHOLD MODIFICATIONS. (a) In General.--Section 1833(z) of the Social Security Act (42 U.S.C. 1395l(z)) is amended-- (1) in paragraph (1)(A), by striking ``2024'' and inserting ``2026''; and (2) in paragraph (2)(C)-- (A) in clause (i), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; (B) in clause (ii)(I)-- (i) in the matter preceding item (aa), by striking ``75 percent'' and inserting ``the applicable percent (as defined in clause (iv)) for such year''; and (ii) in item (bb)-- (I) by striking ``and other than payments made under title XIX'' and inserting ``other than payments made under title XIX''; and (II) by striking ``State program under that title),'' and inserting ``State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional)''; and (C) by adding at the end the following new clause: ``(iv) Applicable percent defined.--For purposes of clauses (i) and (ii), the term `applicable percent' means-- ``(I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and ``(II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year.''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''. <all>

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. This Act may be cited as the ``Preserving Patient Access to Value- Based Care Act''. (b) Partial Qualifying Apm Participant Modifications.--Section 1848(q)(1)(C)(iii)(III) of the Social Security Act (42 U.S.C. 1395w- 4(q)(1)(C)(iii)(III)) is amended-- (1) in item (aa), by striking ``75 percent was instead a reference to 50 percent'' and inserting ``the applicable percent was instead a reference to 10 percentage points less than the applicable percent''; and (2) in item (bb)-- (A) by striking ``75 percent'' and inserting ``the applicable percent''; (B) by striking ``50 percent'' and inserting ``10 percentage points less than the applicable percent''.

This bill increases from 75% to 75% the federal matching rate for advanced payment models (i.e., models that allow health insurance plans to charge a premium based on the quality of care rather than on the cost of care). The bill also increases the maximum payment rate for such models from $1,000 to $2,000.

This bill increases from 75% to 90% the federal share of premium payments for state Medicaid programs that participate in advanced payment models.

This bill modifies the Medicare payment rate for advanced payment models (i.e., payment models that allow health care professionals to participate in a payment system that is more flexible than traditional Medicare payment models). Specifically, the bill increases the applicable rate from 75% to 50% for 2025 and from 50% to 10% for subsequent years.

This bill modifies the Medicare Advanced Payment Model (Apm) program to increase participation in the program from 75% to 55% by FY2026. Specifically, the bill increases the percentage of Apm participants from 25% to 50% for 2025 and increases the applicable percentage for subsequent years to 55%. The bill also requires the Centers for Medicare & Medicaid Services (CMS) to make partial qualifying Apm participant modifications.

This bill increases from 75% to 50% the percentage of advanced payment models (APMs) that are eligible for Medicare payments under the Patient Protection and Affordable Care Act (PPACA) and modifies other aspects of the program. Specifically, the bill (1) increases the percentage that is eligible for APMs to 50%, (2) allows states to participate in APMs, and (3) allows partial qualifying Apm participant modifications.

This bill increases the percentage of advanced payment models (Apm) that are eligible for Medicare payments under the Medicare prescription drug benefit from 75% to 50% in 2025 and increases the applicable percentage to 10% in subsequent years.

This bill modifies the Medicare payment rate for advanced payment models (APMs). Specifically, the bill increases from 75% to 50% the applicable rate for Apm participants. Apm is an alternative payment model that allows individuals who are not already enrolled in Medicare to participate in the program to receive a reduced payment rate based on their income. The bill also allows partial qualifying Apm participant modifications.

This bill modifies the requirements for advanced payment models (i.e., models that allow health insurance plans to charge a premium based on the cost of care rather than on a fee-for-service basis). Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to (1) require the CMS to report to Congress on the percentage of premium payments paid to health plans that are based on value-based care models, and (2) provide information on the number of plans that participate in such models.

To amend title XVIII of the Social Security Act to encourage                 The Social Security Administration (the “Social Security Administration”) to provide for the payment of advanced payment models in accordance with the terms of the “Advanced Payment Model” and “Payments for the Advancement of Health Care” (“APM” or “APHC”), and to make it available to the                United States of America in Congress assembled,=-=-=-=-=-=-=-=-=-=-=-=-=-=-SECTION 1. ADVANCED PAYMENT MODEL INCENTIVE, PARTICIPATION, AND

Energy

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``HOPE for HOMES Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--HOPE TRAINING Sec. 101. Notice for HOPE Qualification training and grants. Sec. 102. Course criteria. Sec. 103. HOPE Qualification. Sec. 104. Grants. Sec. 105. Authorization of appropriations. TITLE II--HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM Sec. 201. Establishment of Home Energy Savings Retrofit Rebate Program. Sec. 202. Partial system rebates. Sec. 203. State administered rebates for home energy efficiency retrofits. Sec. 204. State administered rebates for reductions in home energy use not measured by meters. Sec. 205. State administered rebates for multifamily building energy efficiency retrofits. Sec. 206. Special provisions for moderate income households and multifamily buildings. Sec. 207. Coordination of rebate and existing State-Sponsored or utility-Sponsored programs. Sec. 208. Consumer access to electric energy and natural gas information. Sec. 209. Evaluation reports to Congress. Sec. 210. Administration. Sec. 211. Treatment of rebates. Sec. 212. Authorization of appropriations. TITLE III--GENERAL PROVISIONS Sec. 301. Appointment of personnel. Sec. 302. Maintenance of funding. SEC. 2. DEFINITIONS. In this Act: (1) Aggregator.--The term ``aggregator'' means a gas utility, electric utility, or commercial, nonprofit, or government entity that may receive rebates provided under a State program under this Act for one or more portfolios, consisting of one or more energy efficiency retrofits. (2) Contractor certification.--The term ``contractor certification'' means an industry recognized certification that may be obtained by a residential contractor to advance the expertise and education of the contractor in energy efficiency retrofits of residential buildings, including-- (A) a certification provided by-- (i) the Building Performance Institute; (ii) the Air Conditioning Contractors of America; (iii) the National Comfort Institute; (iv) the North American Technician Excellence; (v) RESNET; (vi) the United States Green Building Council; or (vii) Home Innovation Research Labs; and (B) any other certification the Secretary determines appropriate for purposes of the Home Energy Savings Retrofit Rebate Program. (3) Contractor company.--The term ``contractor company'' means a company-- (A) the business of which is to provide services to residential building owners with respect to HVAC systems, insulation, air sealing, or other services that are approved by the Secretary; (B) that holds the licenses and insurance required by the State in which the company provides services; and (C) that provides services for which a rebate may be provided pursuant to the Home Energy Savings Retrofit Rebate Program. (4) Electric consumer.--The term ``electric consumer'' has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602). (5) Electric utility.--The term ``electric utility'' has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602). (6) Energy audit.--The term ``energy audit'' means an inspection, survey, and analysis of the energy use of a building, including the building envelope and HVAC system. (7) Gas consumer.--The term ``gas consumer'' has the meaning given such term in section 302 of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3202). (8) Gas utility.--The term ``gas utility'' has the meaning given such term in section 302 of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3202). (9) Home.--The term ``home'' means a building with no more than 4 dwelling units, or a manufactured housing unit, including units built before June 15, 1976, that-- (A) is located in the United States; (B) was constructed before the date of enactment of this Act; and (C) is occupied at least 6 months out of the year. (10) Home energy savings retrofit rebate program.--The term ``Home Energy Savings Retrofit Rebate Program'' means the Home Energy Savings Retrofit Rebate Program established under section 201. (11) Homeowner.--The term ``homeowner'' means the owner of an owner-occupied home or a tenant-occupied home. (12) Home valuation certification.--The term ``home valuation certification'' means one of the following home assessments: (A) Home Energy Score. (B) PEARL Certification. (C) National Green Building Standard. (D) LEED. (E) Any other assessment the Secretary determines to be appropriate. (13) HOPE qualification.--The term ``HOPE Qualification'' means the qualification described in section 103. (14) HOPE training credit.--The term ``HOPE training credit'' means a HOPE training task credit or a HOPE training supplemental credit. (15) HOPE training task credit.--The term ``HOPE training task credit'' means a credit described in section 102(a). (16) HOPE training supplemental credit.--The term ``HOPE training supplemental credit'' means a credit described in section 102(b). (17) HVAC system.--The term ``HVAC system'' means a system-- (A) consisting of a heating component, a ventilation component, and an air-conditioning component; and (B) which components may include central air conditioning, a heat pump, a furnace, a boiler, a rooftop unit, and a window unit. (18) Measured performance home rebate.--The term ``measured performance home rebate'' means a rebate provided in accordance with section 203 and described in subsection (e) of that section. (19) Measured performance multifamily building rebate.--The term ``measured performance multifamily building rebate'' means a rebate provided in accordance with section 205 and described in subsection (e) of that section. (20) Meter.--The term ``meter'' means a device that measures and records energy usage data at any interval. (21) Modeled performance home rebate.--The term ``modeled performance rebate'' means a rebate provided in accordance with section 203 and described in subsection (d) of that section. (22) Modeled performance multifamily building rebate.--The term ``modeled performance multifamily building rebate'' means a rebate provided in accordance with section 205 and described in subsection (d) of that section. (23) Moderate income.--The term ``moderate income'' means, with respect to a household, a household with an annual income that is less than 80 percent of the area median income, as determined annually by the Department of Housing and Urban Development. (24) Multifamily building.--The term ``multifamily building'' means a building with 5 or more dwelling units. (25) Partial system rebate.--The term ``partial system rebate'' means a rebate provided in accordance with section 202. (26) Retail electric energy information.--The term ``retail electric energy information'' means-- (A) the electric energy usage of an electric consumer over a time interval, as measured and recorded by the applicable meter; (B) the retail electric energy prices or rates applied to the electric energy usage for the time interval described in subparagraph (A) for the electric consumer; (C) the cost of service provided to an electric consumer, as displayed on billing information provided to such electric consumer; and (D) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record that is used for billing purposes (such as demand measured in kilowatts, voltage, frequency, current, and power factor). (27) Retail natural gas information.--The term ``retail natural gas information'' means-- (A) the natural gas usage of a gas consumer, as measured and recorded by the applicable gas utility; (B) the retail natural gas prices or rates applied to the natural gas usage described in subparagraph (A) for the gas consumer; (C) the cost of service provided to a gas consumer, as displayed on billing information provided to such gas consumer; and (D) in the case of nonresidential natural gas meters, any other information that the meter is programmed to record that is used for billing purposes. (28) Secretary.--The term ``Secretary'' means the Secretary of Energy. (29) State.--The term ``State'' includes-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the United States Virgin Islands; and (H) any other territory or possession of the United States. (30) State energy office.--The term ``State energy office'' means the office or agency of a State responsible for developing the State energy conservation plan for the State under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322). (31) Underserved community.--The term ``underserved community'' means-- (A) a community located in a ZIP Code that includes one or more census tracts that are identified as-- (i) a low-income community; or (ii) a community of racial or ethnic minority concentration; or (B) any other community that the Secretary determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, and environmental stressors. TITLE I--HOPE TRAINING SEC. 101. NOTICE FOR HOPE QUALIFICATION TRAINING AND GRANTS. Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes-- (1) criteria established under section 102 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this title. SEC. 102. COURSE CRITERIA. (a) HOPE Training Task Credit.-- (1) Criteria.--The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training task credit, may be issued, including that such course-- (A) is equivalent to at least 30 hours in total course time; (B) is provided by a provider accredited by the Interstate Renewable Energy Council or has other accreditation determined to be equivalent by the Secretary; (C) is, with respect to a particular job, aligned with the relevant National Renewable Energy Laboratory Job Task Analysis, or other credentialing program foundation that helps identify the necessary core knowledge areas, critical work functions, or skills, as approved by the Secretary; (D) has established learning objectives; and (E) includes, as the Secretary determines appropriate, an appropriate assessment of such learning objectives that may include a final exam, to be proctored on-site or through remote proctoring, or an in-person field exam. (2) Included courses.--The Secretary shall approve one or more courses that meet the criteria described in paragraph (1) for training related to-- (A) contractor certification; (B) energy auditing or assessment; (C) home energy systems (including HVAC systems); (D) insulation installation and air leakage control; (E) health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits; (F) indoor air quality; and (G) energy efficiency retrofits in manufactured housing. (b) HOPE Training Supplemental Credit Criteria.--The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training supplemental credit, may be issued, including that such course provides-- (1) training related to-- (A) small business success, including management, marketing, home energy efficiency software, or general accounting principles; (B) the issuance of a home valuation certification; (C) the use of wifi-enabled technology in an energy efficiency upgrade; or (D) understanding and being able to participate in the Home Energy Savings Retrofit Rebate Program; and (2) as the Secretary determines appropriate, an appropriate assessment of such training that may include a final exam, to be proctored on-site or through remote proctoring, or an in- person field exam. (c) Existing Approved Courses.--The Secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable State energy office or relevant State agency with oversight authority for residential energy efficiency programs. (d) In-Person and Online Training.--A course approved pursuant to this section shall be available online, except as needed for training in, or assessing, course content, but may also be conducted in-person. SEC. 103. HOPE QUALIFICATION. (a) Issuance of Credits.-- (1) In general.--The Secretary, or an entity authorized by the Secretary pursuant to paragraph (2), may issue-- (A) a HOPE training task credit to any individual that completes a course that meets applicable criteria under section 102; and (B) a HOPE training supplemental credit to any individual that completes a course that meets the applicable criteria under section 102. (2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). (b) HOPE Qualification.-- (1) In general.--The Secretary may certify that an individual has achieved a qualification, to be known as a HOPE Qualification, that indicates that the individual has received at least 3 HOPE training credits, of which at least 2 shall be HOPE training task credits. (2) State programs.--The Secretary may authorize a State energy office to implement a program to provide HOPE Qualifications in accordance with this title. SEC. 104. GRANTS. (a) In General.--The Secretary shall, to the extent amounts are made available in appropriations Acts for such purposes, provide grants to support the training of individuals toward the completion of a HOPE Qualification. (b) Provider Organizations.-- (1) In general.--The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 102. (2) Criteria.--In order to receive a grant under this subsection, an organization shall be-- (A) a nonprofit organization; (B) an educational institution; or (C) an organization that has experience providing training to contractors that work with the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) or equivalent experience, as determined by the Secretary. (3) Additional certifications.--In addition to any grant provided under paragraph (1), the Secretary may provide an organization up to $5,000 for each additional course for which a HOPE training credit may be issued that is offered by the organization. (c) Contractor Company.--The Secretary may provide a grant under this section of $1,000 per employee to a contractor company, up to a maximum of $10,000, to reimburse the contractor company for training costs for employees, and any home technology support needed for an employee to receive training pursuant to this section. Grant funds provided under this subsection may be used to support wages of employees during training. (d) Trainees.--The Secretary may provide a grant of up to $1,000 under this section to an individual who receives a HOPE Qualification. (e) State Energy Office.--The Secretary may provide a grant under this section to a State energy office of up to $25,000 to implement an authorized program under section 103(b). SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $500,000,000 for the period of fiscal years 2022 through 2027. TITLE II--HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM SEC. 201. ESTABLISHMENT OF HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM. The Secretary shall establish a program, to be known as the Home Energy Savings Retrofit Rebate Program, to-- (1) provide rebates in accordance with section 202; and (2) provide grants to States to carry out programs to provide rebates in accordance this title. SEC. 202. PARTIAL SYSTEM REBATES. (a) Amount of Rebate.--In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide a homeowner a rebate, to be known as a partial system rebate, of, except as provided in section 206-- (1) up to $800 for the purchase and installation of insulation and air sealing within a home of the homeowner; and (2) up to-- (A) except as provided in subparagraph (B), $1,500 for-- (i) the purchase and installation of insulation and air sealing within a home of the homeowner; and (ii) the replacement of-- (I) an HVAC system of such home; (II) the heating component of an HVAC system of such home; or (III) the cooling component of an HVAC system of such home; or (B) $2,500 for-- (i) the purchase and installation of insulation and air sealing within a home of the homeowner; and (ii) the replacement of the heating component of an HVAC system of such home where the heating component installed is an air source or ground source heat pump. (b) Specifications.-- (1) Cost.--The amount of a partial system rebate provided under this section shall, except as provided in section 206, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). Labor may be included in such cost but may not exceed-- (A) in the case of a rebate under subsection (a)(1), 50 percent of such cost; and (B) in the case of a rebate under subsection (a)(2), 25 percent of such cost. (2) Replacement of an hvac system, the heating component of an hvac system, or the cooling component of an hvac system.--In order to qualify for a partial system rebate described in subsection (a)(2)-- (A) any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified; (B) installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act; (C) if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and (D) the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system. (c) Additional Incentives for Contractors.--In carrying out the Home Energy Savings Retrofit Rebate Program, the Secretary may provide a $250 payment to a contractor per home for which-- (1) a partial system rebate is provided under this section for the installation of insulation and air sealing, or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, by the contractor; (2) the applicable homeowner has signed and submitted to the Secretary a release form made available pursuant to section 210(b) authorizing the contractor access, in accordance with guidelines established under section 208(b), to information in the utility bills of the homeowner; and (3) the contractor inputs, into the Department of Energy's Building Performance Database or a State database that has an agreement with the Department of Energy-- (A) the energy usage for the home for the 13 months preceding, and the 24 months following, the installation of insulation and air sealing or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system; (B) a description of such installation or installation and replacement; and (C) the total cost to the homeowner for such installation or installation and replacement. (d) Process.-- (1) Forms; rebate processing system.--Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall-- (A) develop and make available rebate forms required to receive a partial system rebate under this section; (B) establish a Federal rebate processing system which shall serve as a database and information technology system that will allow homeowners to submit required rebate forms; and (C) establish a website that provides information on partial system rebates provided under this section, including how to determine whether particular measures qualify for a rebate under this section and how to receive such a rebate. (2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). (e) Funding.-- (1) Limitation.--For each fiscal year, the Secretary may not use more than 40 percent of the amounts made available to carry out this title to carry out this section. (2) Allocation.--The Secretary shall, to the extent practicable, allocate amounts made available to carry out this section for partial system rebates among the States using the same formula as is used to allocate funds for States under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). SEC. 203. STATE ADMINISTERED REBATES FOR HOME ENERGY EFFICIENCY RETROFITS. (a) Funding.--In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs to provide rebates for home energy efficiency retrofits in accordance with this section. (b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval.--Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (c) Minimum Criteria for State Programs.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including-- (1) that the State program be carried out by the applicable State energy office or its designee; (2) that a rebate be provided under a State program only for a home energy efficiency retrofit that-- (A) is completed by a contractor who meets minimum training requirements, certification requirements, and other requirements established by the Secretary; (B) includes installation of one or more home energy efficiency retrofit measures that together are modeled to achieve, or are shown to achieve, the minimum reduction required under this section-- (i) in home energy use; or (ii) with respect to a portfolio of home energy efficiency retrofits, in aggregated home energy use for such portfolio; (C) does not include installation of any measure that the Secretary determines does not improve whole building energy performance of the home, such as a pool pump, pool heater, or spa; and (D) includes, after installation of the applicable home energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure-- (i) the safe operation of all systems post retrofit; and (ii) that all improvements are included in, and have been installed according to-- (I) manufacturers' installation specifications; and (II) all applicable State and local codes or equivalent standards approved by the Secretary; (3) that the State program utilize-- (A) for purposes of modeled performance home rebates, modeling software, methods, and procedures-- (i) for determining and documenting the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit that can be calibrated to historical energy usage for a home consistent with BPI 2400; (ii) that are approved by the Secretary; (iii) that can provide evidence for necessary improvements to a State program; and (iv) that can help to calibrate models for accuracy; (B) for purposes of measured performance home rebates, methods and procedures approved by the Secretary for determining and documenting-- (i) the monthly and hourly (if available) weather-normalized baseline energy use of a home; and (ii) the reductions in monthly and hourly (if available) weather-normalized energy use of a home resulting from the implementation of a home energy efficiency retrofit; and (C) open-source advanced measurement and verification software approved by the Secretary; (4) that the State program include implementation of a quality assurance program-- (A) to ensure that home energy efficiency retrofits are achieving the stated level of energy savings, that efficiency measures were installed correctly, and that work is performed in accordance with procedures developed by the Secretary, including through quality- control inspections for a portion of home energy efficiency retrofits completed by each applicable contractor; and (B) under which a quality-control inspection of a home energy efficiency retrofit is performed by a quality assurance provider who-- (i) is independent of the contractor for such retrofit; and (ii) will confirm that such contractor is a contractor who meets the minimum requirements described in paragraph (2); (5) that, if the State program will provide measured performance home rebates, the State program-- (A) only provide such a measured performance home rebate with respect to a home energy efficiency retrofit after collecting at least 13 months of data on home energy usage after completion of such retrofit; (B) establish and utilize, in accordance with guidance issued by the Secretary, a maximum fractional savings uncertainty for any portfolio of home energy efficiency retrofits; and (C) publicly report annual aggregated reductions in home energy use for homes for which measured performance home rebates are provided; (6) that the State program include procedures for a homeowner to transfer the right to claim a rebate to the contractor performing the applicable home energy efficiency retrofit or to an aggregator, if the State program will utilize aggregators; (7) that if the State program will utilize aggregators to facilitate delivery of rebates to homeowners or contractors, that the State program include requirements for an entity to be eligible to serve as an aggregator; (8) that the State program include requirements for a homeowner, contractor, or aggregator to claim a rebate, including that the homeowner, contractor, or aggregator submit to the State any applicable forms that are approved by the Secretary, including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of home energy use; (9) that the State program provide that a homeowner, contractor, or aggregator may claim more than one rebate under the State program, and may claim a rebate under the State program after receiving a partial system rebate under section 202, provided that no 2 rebates may be provided with respect to a home using the same baseline energy use of such home; and (10) that the State program include a procedure for providing, with respect to each home located in an underserved community that receives a home energy efficiency retrofit for which a rebate is provided under the program, the contractor performing such home energy efficiency retrofit, or an aggregator who has the right to claim such rebate, $200. (d) Modeled Performance Home Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a homeowner, contractor, or aggregator a rebate, to be known as a modeled performance home rebate, for an energy audit of a home and a home energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce home energy use by at least 20 percent. (2) Amount.-- (A) In general.--Except as provided in section 206, and subject to subparagraph (B), the amount of a modeled performance home rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. (B) Limitation.--Except as provided in section 206, with respect to an energy audit and home energy efficiency retrofit that is projected to reduce home energy use by-- (i) at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance home rebate shall be $2,000; and (ii) at least 35 percent, the maximum amount of a modeled performance home rebate shall be $4,000. (e) Measured Performance Home Rebates.-- (1) In general.-- (A) Minimum reduction in home energy use.--In carrying out a State program under this section, a State may provide a homeowner, contractor, or an aggregator a rebate, to be known as a measured performance home rebate, for a home energy efficiency retrofit, or portfolio of home energy efficiency retrofits, where-- (i) for a home energy efficiency retrofit that is not part of a portfolio, there is reduction in home energy use of at least 15 percent; and (ii) for home energy efficiency retrofits that are part of a portfolio, there is an aggregate reduction in home energy use of at least 15 percent. (B) Measured reduction.--For purposes of a measured performance home rebate, reductions in home energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. (2) Amount.--Except as provided in section 206-- (A) in the case of a home energy efficiency retrofit-- (i) that is not part of a portfolio, the amount of a measured performance home rebate provided under a State program shall be not more than 50 percent of the direct costs of the home energy efficiency retrofit to the homeowner; and (ii) that is part of a portfolio, the aggregated amount for measured performance home rebates provided for such portfolio under a State program shall be not more than 50 percent of the aggregated direct costs of the home energy efficiency retrofits that are part of the portfolio; (B) the amount of a measured performance home rebate provided under a State program shall be determined-- (i) in the case of a home energy efficiency retrofit that is not part of a portfolio, based on the amount that home energy use for the home is reduced, provided such reduction is at least 15 percent; and (ii) in the case of a home energy efficiency retrofit that is part of a portfolio, based on the amount that home energy use for the home is reduced, regardless of whether such reduction is at least 15 percent; and (C) the amount of a measured performance home rebate provided under a State program shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is-- (i) established by the State energy office and approved by the Secretary; and (ii) not more than a payment rate that would equal, for a 20 percent reduction in average home energy use, based on State energy data, a rebate of not more than $2,000. (f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (g) Administrative Expenses.--A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). SEC. 204. STATE ADMINISTERED REBATES FOR REDUCTIONS IN HOME ENERGY USE NOT MEASURED BY METERS. (a) Funding.--In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs that to provide rebates in accordance with this section for home energy efficiency retrofits for which the reductions in home energy use are not able to be modeled or measured in a manner that would qualify for a rebate under section 203. (b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval.--Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (c) Criteria.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including-- (1) that the State program be carried out by the applicable State energy office or a designee with an established history carrying out data-driven, evaluated, and verified programs; (2) that a rebate be provided under a State program only for a home energy efficiency retrofit that-- (A) is completed by a contractor who meets minimum training requirements, certification requirements, and other requirements established by the Secretary; (B) includes installation of one or more home energy efficiency retrofit measures for a home that together are shown to achieve, a minimum of a 20 percent reduction in home energy use from the baseline energy use of the home, where such energy use is not measured through a meter; (C) does not include installation of any measure that the Secretary determines does not improve whole building energy performance of the home, such as a pool pump, pool heater, or spa; and (D) includes, after installation of the applicable home energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure-- (i) the safe operation of all systems post retrofit; and (ii) that all improvements are included in, and have been installed according to-- (I) manufacturers' installation specifications; and (II) all applicable State and local codes or equivalent standards approved by the Secretary; (3) that the State program utilize methods and procedures approved by the Secretary for determining and documenting-- (A) the baseline energy use of a home; and (B) the reductions in weather-normalized energy use of a home resulting from the implementation of a home energy efficiency retrofit; and (4) that the State program provide that a rebate may not be claimed with respect to a home for a home energy efficiency retrofit if a rebate may be provided for such home energy efficiency retrofit under a State program under section 203. (d) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (e) Administrative Expenses.--A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). SEC. 205. STATE ADMINISTERED REBATES FOR MULTIFAMILY BUILDING ENERGY EFFICIENCY RETROFITS. (a) Funding.--In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs to provide rebates for multifamily building energy efficiency retrofits in accordance with this section. (b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval.--Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (c) Minimum Criteria for State Programs.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including-- (1) that the State program be carried out by the applicable State energy office or its designee; (2) that a rebate be provided under a State program only for a whole-building multifamily building energy efficiency retrofit that-- (A) is completed by a contractor who meets minimum training requirements, certification requirements, and other requirements established by the Secretary; (B) includes installation of one or more multifamily building energy efficiency retrofit measures for the multifamily building that are modeled to achieve, or are shown to achieve, the minimum reduction required under this section-- (i) in whole building energy use; or (ii) with respect to a portfolio of multifamily energy efficiency retrofits, in aggregated multifamily building energy use for such portfolio; (C) does not include installation of any measure that the Secretary determines does not improve the whole building energy performance of the building, such as a pool pump, pool heater, or spa; and (D) includes, after installation of the applicable whole building energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure-- (i) the safe operation of all systems post- retrofit; and (ii) that all improvements are included in, and have been installed according to-- (I) manufacturers' installation specifications; and (II) all applicable State and local codes or equivalent standards approved by the Secretary; (3) that the State program utilize-- (A) for purposes of modeled performance multifamily building rebates, modeling software, methods, and procedures-- (i) for determining and documenting the reductions in multifamily building energy use resulting from the implementation of a multifamily building energy efficiency retrofit that can be calibrated to historical energy usage for a multifamily building consistent with BPI 2400; (ii) that are approved by the Secretary; (iii) that can provide evidence for necessary improvements to a State program; and (iv) that can help to calibrate models for accuracy; (B) for purposes of measured performance multifamily building rebates, methods and procedures approved by the Secretary for determining and documenting-- (i) the monthly and hourly (if available) weather-normalized baseline energy use of a multifamily building; and (ii) the reductions in monthly and hourly (if available) weather-normalized energy use of a multifamily building resulting from the implementation of a multifamily building efficiency retrofit; and (C) open-source advanced measurement and verification software approved by the Secretary; (4) that the State program include implementation of a quality assurance program-- (A) to ensure that multifamily building energy efficiency retrofits are achieving the stated level of energy savings, that efficiency measures were installed correctly, and that work is performed in accordance with procedures developed by the Secretary, including through quality-control inspections for a portion of multifamily building energy efficiency retrofits completed by each applicable contractor; and (B) under which a quality-control inspection of a multifamily building energy efficiency retrofit is performed by a quality assurance provider who-- (i) is independent of the contractor for such retrofit; and (ii) will confirm that such contractor is a contractor who meets the minimum requirements described in paragraph (2); (5) that, if the State program will provide measured performance multifamily building rebates, the State program-- (A) only provide such a measured performance multifamily building rebate with respect to a multifamily building energy efficiency retrofit after collecting at least 13 months of data on multifamily building energy usage after completion of such retrofit; (B) establish and utilize, in accordance with guidance issued by the Secretary, a maximum fractional savings uncertainty for any portfolio of multifamily building energy efficiency retrofits; and (C) publicly report annual aggregated reductions in multifamily building energy use for homes for which measured performance multifamily building rebates are provided; (6) that the State program include requirements for a multifamily building owner, contractor, or aggregator to claim a rebate, including that the building owner, contractor, or aggregator submit to the State any applicable forms approved by the Secretary, including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of multifamily building energy use; (7) that the State program include procedures for a multifamily building owner to transfer the right to claim a rebate to the contractor performing the applicable multifamily building energy efficiency retrofit or to an aggregator, if the State program will utilize aggregators; (8) that if the State program will utilize aggregators to facilitate delivery of rebates to multifamily building owners or contractors, that the State program include requirements for an entity to be eligible to serve as an aggregator; (9) that the State program provide that a multifamily building owner or contractor may claim more than one rebate under the State program, provided that no 2 rebates may be provided with respect to a multifamily building using the same baseline energy use of such multifamily building; and (10) that the State program include a procedure for providing, with respect to each multifamily building located in an underserved community that receives a multifamily building energy efficiency retrofit for which a rebate is provided under the program, the contractor performing such multifamily building energy efficiency retrofit, or an aggregator who has the right to claim such rebate, $50 per dwelling unit in the multifamily building. (d) Modeled Performance Multifamily Building Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a building owner or contractor a rebate, to be known as a modeled performance multifamily building rebate, for an energy audit of a multifamily building and a multifamily building energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce whole building energy use by at least 20 percent. (2) Amount.-- (A) In general.--Except as provided in section 206 and subject to subparagraph (B), the amount of a modeled performance multifamily building rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a multifamily building and multifamily building energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. (B) Limitation.--Except as provided in section 206, with respect to an energy audit and multifamily building energy efficiency retrofit that is projected to reduce multifamily building energy use by-- (i) at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $2,000 per dwelling unit in the multifamily building, up to a maximum of $200,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity; and (ii) at least 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $4,000 per dwelling unit in the multifamily building, up to a maximum of $400,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity. (e) Measured Performance Multifamily Building Rebates.-- (1) In general.-- (A) Minimum reduction in multifamily building energy use.--In carrying out a State program under this section, a State may provide a building owner, contractor, or aggregator a rebate, to be known as a measured performance multifamily building rebate, for a multifamily building energy efficiency retrofit, or portfolio of multifamily energy efficiency retrofits, where-- (i) for a multifamily building energy efficiency retrofit that is not part of a portfolio, there is reduction in multifamily building energy use of at least 15 percent; and (ii) for multifamily building energy efficiency retrofits that are part of a portfolio, there is an aggregate reduction in multifamily building energy use of at least 15 percent. (B) Measured reduction.--For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. (2) Amount.--Except as provided in section 206-- (A) in the case of a multifamily building energy efficiency retrofit-- (i) that is not part of a portfolio, the amount of a measured performance multifamily building rebate provided under a State program shall be not more than 50 percent of the direct costs of the multifamily building energy efficiency retrofit to the owner; and (ii) that is part of a portfolio, the aggregated amount for measured performance multifamily building rebates provided for such portfolio under a State program shall be not more than 50 percent of the aggregated direct costs of the multifamily building energy efficiency retrofits that are part of the portfolio; (B) the amount of a measured performance multifamily building rebate provided under a State program shall be determined-- (i) in the case of a multifamily building energy efficiency retrofit that is not part of a portfolio, based on the amount that energy use for the multifamily building is reduced, provided such reduction is at least 15 percent; and (ii) in the case of a multifamily building energy efficiency retrofit that is part of a portfolio, based on the amount that energy use for the multifamily building is reduced, regardless of whether such reduction is at least 15 percent; and (C) the amount of a measured performance multifamily building rebate provided under a State program shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in multifamily building energy use that is-- (i) established by the State energy office and approved by the Secretary; and (ii) not more than a payment rate that would equal, for a 20 percent reduction in average multifamily building energy use, based on State energy data, a rebate of not more than $2,000 per dwelling unit in the multifamily building. (f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (g) Administrative Expenses.--A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). (h) Contracting Requirements.--The minimum requirements described in subsection (c)(2) for contractors shall include a requirement that a contractor certify that all laborers and mechanics employed by the contractor or subcontractor thereof in the performance of construction, alteration, or repair work for which a rebate is provided under a State program under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 206. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS AND MULTIFAMILY BUILDINGS. (a) Certifications.--The Secretary shall establish procedures for certifying as moderate income for purposes of this section-- (1) the household of a homeowner; or (2) a multifamily building. (b) Percentages.--Subject to subsection (c), for households of homeowners and multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income the-- (1) amount of a partial system rebate under section 202 shall not exceed 60 percent of the applicable purchase and installation and replacement costs described in section 202(b)(1); and (2) amount of-- (A) a modeled performance home rebate provided under section 203 shall be not more than 80 percent of the applicable costs described in section 203(d)(2)(A); (B) a modeled performance multifamily building rebate provided under section 205 shall be not more than 80 percent of the applicable costs described in section 205(d)(2)(A); (C) a measured performance home rebate provided under section 203 shall be not more than 80 percent of the applicable costs described in section 203(e)(2)(A); and (D) a measured performance multifamily building rebate provided under section 205 shall be not more than 80 percent of the applicable costs described in section 205(e)(2)(A). (c) Maximum Amounts.-- (1) Partial system rebates.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a partial system rebate-- (A) under section 202(a)(1) for the purchase and installation of insulation and air sealing within a home of the homeowner shall be $1,600; (B) except as provided in subparagraph (C), under section 202(a)(2) for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, of such home, shall be $3,000; and (C) under section 202(a)(2)(B) for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of the heating component of an HVAC system of such home, where the heating component installed is an air source or ground source heat pump, shall be $5,000. (2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. (3) Modeled performance multifamily building rebate.--For multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance multifamily building rebate under section 205 for an energy audit and multifamily building energy efficiency retrofit that is projected to reduce building energy as described in-- (A) section 205(d)(2)(B)(i) shall be $4,000 per dwelling unit in the multifamily building, up to a maximum of $400,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity; and (B) section 205(d)(2)(B)(ii) shall be $8,000 per dwelling unit in the multifamily building, up to a maximum of $800,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity. (4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). (5) Measured performance multifamily building.--For multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance multifamily building rebate under section 205 for a multifamily building energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in multifamily building energy use that is equal to twice the payment rate described in section 205(e)(2). (d) Outreach.--The Secretary shall establish procedures to-- (1) provide information to households of homeowners, and households in multifamily buildings, that are certified pursuant to the procedures established under subsection (a) as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes and dwelling units of multifamily buildings, including the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); and (2) refer such households, as applicable, to such other programs and resources. (e) Requirements for Multifamily Buildings.-- (1) All multifamily buildings.--A rebate may not be made in accordance with this section with respect to a multifamily building unless the owner of the building demonstrates to the satisfaction of the Secretary that, at the time the rebate is made, not less than \2/3\ of all dwelling units in such multifamily building-- (A) are occupied by households having incomes not exceeding 80 percent of median income for the area in which the multifamily building is located; and (B) have monthly rental prices that are equal to, or less than, an amount that is equal to 30 percent of the monthly household income of a household having an income at 80 percent of median household income for the area in which the multifamily building is located. (2) Assisted multifamily buildings.--A rebate may not be made in accordance with this section with respect to a multifamily building for which Federal rental assistance is provided unless the owner of such multifamily building demonstrates to the satisfaction of the Secretary that the remaining term of the affordability agreement for such building relating to such assistance is 5 years or longer. (3) Unassisted multifamily buildings.-- (A) Requirements for rent increases.-- (i) Limitation.--A rebate may not be made in accordance with this section with respect to a multifamily building for which, during the 5- year period beginning on the date of issuance of such a rebate, no Federal rental assistance is provided, unless the owner of such multifamily building enters into such binding commitments as the Secretary shall require to ensure that any rent increase for any dwelling unit in the multifamily building made after the completion of any energy efficiency retrofit for which such rebate is made shall not exceed the amount of the existing rent as increased in accordance with any percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the applicable period, as determined by the Secretary. (ii) Exemption.--A rent increase for dwelling units subject to the limitation under clause (i) may exceed the amount provided under such clause if the owner of the multifamily building in which such dwelling units are located requests such exemption and provides to the applicable State documentation demonstrating actual, documented increases in specific operating expenses, which may include property taxes and maintenance costs, that meet such requirements as the Secretary shall establish. (B) Eviction protections.--A rebate may not be provided in accordance with this section with respect to a multifamily building for which no Federal rental assistance is provided unless the owner of such multifamily building enters into such binding commitments as the Secretary shall require to ensure that, during a period prescribed by the Secretary, any moderate income household residing in a dwelling unit in the multifamily building may not be evicted, have their lease terminated, or fail to have their lease renewed for any reason other than breach of the lease or good cause, as defined by the jurisdiction in which the multifamily building is located. (C) Regulatory agreements; sale.--Any requirement under this paragraph or binding commitment required under this paragraph with respect to a multifamily building shall be set forth in a regulatory agreement entered into by the owner of the multifamily building and the State administering the rebate program under this title. Such regulatory agreement shall contain appropriate subordination provisions that allow for reasonable purchaser financing, shall be recorded, and shall apply notwithstanding any change in ownership of the building. (D) Tenant notification.--To provide rebates with respect to multifamily buildings in accordance with this section, a State shall develop and carry out a specific and verifiable mechanism for providing tenants of multifamily buildings for which such rebates are provided with written notice of their rights and their landlord's obligations pursuant to this paragraph. (E) Enforcement.-- (i) Partnering with hfas.--States receiving grants to carry out rebate programs under this title are encouraged to partner with housing finance agencies to monitor compliance with and enforce the requirements under this paragraph, including developing and providing to owners of multifamily buildings with respect to which rebates are provided a standard regulatory agreement and lease addendum that sets forth the restrictions and requirements under this paragraph. (ii) Penalties for noncompliance.--To provide rebates with respect to multifamily buildings in accordance with this section, a State shall-- (I) establish and carry out a compliance procedure for the requirements of this paragraph that provides specific response and resolution deadlines and utilizes standard and transparent criteria to resolve alleged violations; (II) establish penalties that are sufficient, in the determination of such State, to deter violations of the requirements of this paragraph and the agreements entered into pursuant to this paragraph; and (III) provide that tenants of multifamily buildings may bring an civil action to enforce the lease requirements under this paragraph and pursue restitution for violations of the applicable regulatory agreement, and provide that in such an action such tenants may recover damages and attorney's fees. (4) Federal rental assistance defined.--In this subsection, the term ``Federal rental assistance'' means, with respect to a multifamily building, project-based assistance provided to the owner of the multifamily building pursuant to-- (A) section 202 of the Housing Act of 1959 (12 U.S.C. 17012); (B) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (C) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); or (D) section 538 of the Housing Act of 1949 (42 U.S.C. 1490). SEC. 207. COORDINATION OF REBATE AND EXISTING STATE-SPONSORED OR UTILITY-SPONSORED PROGRAMS. A State that receives a grant under this title is encouraged to work with State agencies, electric utilities, gas utilities, nonprofits, and other entities-- (1) to assist in marketing the availability of the rebates under the applicable State program; (2) to coordinate with utility or State managed financing programs; (3) to assist in implementation of the applicable State program, including installation of energy efficiency retrofits; and (4) to coordinate with existing quality assurance programs. SEC. 208. CONSUMER ACCESS TO ELECTRIC ENERGY AND NATURAL GAS INFORMATION. (a) Eligibility for State Energy Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended-- (1) in paragraph (16), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: ``(17) programs-- ``(A) to enhance consumer access to and understanding of electric energy and natural gas usage and cost information, including consumers' own residential and commercial retail electric energy information (as defined in section 2 of the HOPE for HOMES Act of 2021) and retail natural gas information (as defined in section 2 of the HOPE for HOMES Act of 2021); and ``(B) to facilitate the development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures; and''. (b) Guidelines for Electric Consumer and Gas Consumer Access.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. (2) Consultation.--Before issuing the guidelines under paragraph (1), the Secretary shall-- (A) consult with-- (i) State and local regulatory authorities; (ii) other appropriate Federal agencies, including the National Institute of Standards and Technology; (iii) consumer and privacy advocacy groups; (iv) electric utilities and gas utilities; (v) the National Association of State Energy Officials; and (vi) other appropriate entities, including groups representing public utility commissions, commercial and residential building owners, residential contractors, and groups that represent demand response and electricity data devices and services; and (B) provide notice and opportunity for comment. (3) State and local regulatory action.--In issuing the guidelines under paragraph (1), the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer and gas consumer access to retail electric energy information and retail natural gas information, including actions taken after consideration of the standard established under section 111(d)(19) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(19)). (4) Contents.--The guidelines issued under paragraph (1) shall include guidelines-- (A) specifying that retail electric energy information and retail natural gas information of an electric consumer or a gas consumer should be made available to the electric consumer or gas consumer (or a third-party designee of the electric consumer or gas consumer) by the electric utility or gas utility of the electric consumer or gas consumer (or such other entity as may be designated by the utility), in consultation with, or with approval from, as applicable, the utility's applicable retail regulatory authority; (B) regarding the timeliness and specificity of retail electric energy information and retail natural gas information to be made available to an electric consumer or a gas consumer (or a third-party designee of such an electric consumer or such a gas consumer), including that such retail electric energy information and retail natural gas information should be made available to consumer-authorized entities-- (i) in an electronic machine readable form, without additional charge, in conformity with nationally recognized open standards and best practices; (ii) through a website or other electronic access authorized by the electric consumer or gas consumer, including at least 13 months of historical information; (iii) in as close to real-time as is reasonably practicable; (iv) at the level of specificity that the data is transmitted by the meter or as is reasonably practicable; and (v) in a manner that provides adequate protections for the security of the information and the privacy of the electric consumer or gas consumer; (C) regarding appropriate nationally recognized open standards for data exchange; (D) regarding access of retail electric energy information and retail natural gas information for owners and managers of multitenant commercial and residential buildings; (E) regarding consumer consent requirements such that an electric consumer or gas consumer can conveniently and securely authorize a third-party designee access to the retail electric energy information or retail natural gas information of such electric consumer or gas consumer, including standardized authorization language to which an electric consumer or gas consumer will agree prior to such electric consumer or gas consumer authorizing, or the applicable electric utility or gas utility sharing, retail electric energy information or retail natural gas information of such electric consumer or gas consumer; (F) specifying that electric utilities and gas utilities should, when a capable meter is servicing an electric consumer or gas consumer, communicate usage and other information to a device or network of the electric consumer or gas consumer or a device or network of a third-party designee of such electric consumer or gas consumer, and where feasible should provide to the electric consumer or gas consumer or third-party designee, at a minimum, access to usage information (not including price information) of the electric consumer or gas consumer directly from the meter in as close to real-time as is reasonably practicable; (G) with respect to the terms and conditions, which shall be reasonable and non-discriminatory, to be agreed to by a third-party designee of an electric consumer or of a gas consumer and an electric utility or gas utility for access to the retail electric energy information or retail natural gas information of such electric consumer or gas consumer, including that-- (i) due process be afforded to such third- party by the applicable regulatory authority, including giving such third-party an opportunity to rebut allegations of wrongdoing by such third-party prior to any enforcement action being taken by the applicable regulatory authority; (ii) the consumer's online authentication match that used by the applicable gas utility or electric utility for the consumer-facing website of such gas utility or electric utility; and (iii) such third-party may receive retail electric energy information and retail natural gas information from an electric utility or gas utility with consumer consent, except if otherwise prohibited by Federal law or by a finding of a State court or other State adjudicatory body; and (H) addressing appropriate circumstances in which analysis of retail electric energy information and retail natural gas information may be released publicly, without a consumer's consent, by protecting individual consumers privacy, including-- (i) with mathematical methods known as differential privacy, in which consumers privacy can be ensured with provable guarantees; and (ii) detailed descriptions and sample calculations by which the results of statistical analysis can be made differentially private. (5) Revisions.--The Secretary shall periodically review and, as necessary, revise the guidelines issued under paragraph (1) to reflect changes in technology, privacy needs, and the market for electric energy and natural gas and related services. SEC. 209. EVALUATION REPORTS TO CONGRESS. (a) In General.--Not later than 3 years after the date of enactment of this Act and annually thereafter until the termination of the Home Energy Savings Retrofit Rebate Program, the Secretary shall submit to Congress a report on the use of funds made available to carry out this title. (b) Contents.--Each report submitted under subsection (a) shall include-- (1) how many home energy efficiency retrofits and multifamily building energy efficiency retrofits have been completed during the previous year under the Home Energy Savings Retrofit Rebate Program; (2) an estimate of how many jobs have been created through the Home Energy Savings Retrofit Rebate Program, directly and indirectly; (3) a description of what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits; (4) a description of the quantity of verifiable energy savings, homeowner energy bill savings, and other benefits of the Home Energy Savings Retrofit Rebate Program; (5) a description of any waste, fraud, or abuse with respect to funds made available to carry out this title; and (6) any other information the Secretary considers appropriate. SEC. 210. ADMINISTRATION. (a) In General.--The Secretary shall provide such administrative and technical support to contractors, aggregators, States, and Indian Tribes as is necessary to carry out this title. (b) Information Collection.--The Secretary shall establish, and make available to a homeowner, multifamily building owner, or the homeowner's or multifamily building owner's designated representative, seeking a rebate under this title, release forms authorizing, in accordance with guidelines issued under section 208(b), access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner or the multifamily building owner. SEC. 211. TREATMENT OF REBATES. For purposes of the Internal Revenue Code of 1986, gross income shall not include any rebate received under this title. SEC. 212. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this title $1,400,000,000 for each of fiscal years 2022 through 2027, to remain available until expended. (b) Tribal Allocation.--Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this title, taking into account any factors that the Secretary determines to be appropriate. TITLE III--GENERAL PROVISIONS SEC. 301. APPOINTMENT OF PERSONNEL. Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act. SEC. 302. MAINTENANCE OF FUNDING. Each State receiving Federal funds pursuant to this Act shall provide reasonable assurances to the Secretary that it has established policies and procedures designed to ensure that Federal funds provided under this Act will be used to supplement, and not to supplant, State and local funds. <all>

This bill provides support for energy efficiency upgrades in homes. Specifically, the bill directs the Department of Energy (DOE) to establish a grant program that supports training on how to efficiently retrofit homes. In addition, DOE must establish a Home Energy Savings Retrofit Rebate Program to provide rebates for homeowners to invest in energy efficiency improvements.

1. TITLE I--HOPE TRAINING Sec. Course criteria. HOPE Qualification. Grants. State administered rebates for multifamily building energy efficiency retrofits. Consumer access to electric energy and natural gas information. Authorization of appropriations. Sec. 2. (5) Electric utility.--The term ``electric utility'' has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. (11) Homeowner.--The term ``homeowner'' means the owner of an owner-occupied home or a tenant-occupied home. (B) PEARL Certification. (18) Measured performance home rebate.--The term ``measured performance home rebate'' means a rebate provided in accordance with section 203 and described in subsection (e) of that section. (23) Moderate income.--The term ``moderate income'' means, with respect to a household, a household with an annual income that is less than 80 percent of the area median income, as determined annually by the Department of Housing and Urban Development. (28) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Provider Organizations.-- (1) In general.--The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 102. 202. (2) Replacement of an hvac system, the heating component of an hvac system, or the cooling component of an hvac system.--In order to qualify for a partial system rebate described in subsection (a)(2)-- (A) any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified; (B) installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act; (C) if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and (D) the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system. (e) Funding.-- (1) Limitation.--For each fiscal year, the Secretary may not use more than 40 percent of the amounts made available to carry out this title to carry out this section. (B) Measured reduction.--For purposes of a measured performance home rebate, reductions in home energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. 205. 206. ); and (2) refer such households, as applicable, to such other programs and resources.

1. TITLE I--HOPE TRAINING Sec. Course criteria. Grants. State administered rebates for multifamily building energy efficiency retrofits. Consumer access to electric energy and natural gas information. Sec. 2. (B) PEARL Certification. (18) Measured performance home rebate.--The term ``measured performance home rebate'' means a rebate provided in accordance with section 203 and described in subsection (e) of that section. (28) Secretary.--The term ``Secretary'' means the Secretary of Energy. 202. (2) Replacement of an hvac system, the heating component of an hvac system, or the cooling component of an hvac system.--In order to qualify for a partial system rebate described in subsection (a)(2)-- (A) any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified; (B) installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act; (C) if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and (D) the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system. (e) Funding.-- (1) Limitation.--For each fiscal year, the Secretary may not use more than 40 percent of the amounts made available to carry out this title to carry out this section. (B) Measured reduction.--For purposes of a measured performance home rebate, reductions in home energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. 205. ); and (2) refer such households, as applicable, to such other programs and resources.

1. TITLE I--HOPE TRAINING Sec. Course criteria. HOPE Qualification. Grants. State administered rebates for multifamily building energy efficiency retrofits. Consumer access to electric energy and natural gas information. Authorization of appropriations. Sec. 2. (5) Electric utility.--The term ``electric utility'' has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. (11) Homeowner.--The term ``homeowner'' means the owner of an owner-occupied home or a tenant-occupied home. (B) PEARL Certification. (E) Any other assessment the Secretary determines to be appropriate. (15) HOPE training task credit.--The term ``HOPE training task credit'' means a credit described in section 102(a). (18) Measured performance home rebate.--The term ``measured performance home rebate'' means a rebate provided in accordance with section 203 and described in subsection (e) of that section. (23) Moderate income.--The term ``moderate income'' means, with respect to a household, a household with an annual income that is less than 80 percent of the area median income, as determined annually by the Department of Housing and Urban Development. (28) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Provider Organizations.-- (1) In general.--The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 102. 202. Labor may be included in such cost but may not exceed-- (A) in the case of a rebate under subsection (a)(1), 50 percent of such cost; and (B) in the case of a rebate under subsection (a)(2), 25 percent of such cost. (2) Replacement of an hvac system, the heating component of an hvac system, or the cooling component of an hvac system.--In order to qualify for a partial system rebate described in subsection (a)(2)-- (A) any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified; (B) installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act; (C) if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and (D) the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system. (e) Funding.-- (1) Limitation.--For each fiscal year, the Secretary may not use more than 40 percent of the amounts made available to carry out this title to carry out this section. (B) Measured reduction.--For purposes of a measured performance home rebate, reductions in home energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. 205. (B) Limitation.--Except as provided in section 206, with respect to an energy audit and multifamily building energy efficiency retrofit that is projected to reduce multifamily building energy use by-- (i) at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $2,000 per dwelling unit in the multifamily building, up to a maximum of $200,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity; and (ii) at least 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $4,000 per dwelling unit in the multifamily building, up to a maximum of $400,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity. 206. ); and (2) refer such households, as applicable, to such other programs and resources.

SHORT TITLE; TABLE OF CONTENTS. 1. TITLE I--HOPE TRAINING Sec. Course criteria. HOPE Qualification. Grants. Establishment of Home Energy Savings Retrofit Rebate Program. State administered rebates for multifamily building energy efficiency retrofits. Consumer access to electric energy and natural gas information. Evaluation reports to Congress. Authorization of appropriations. Sec. 2. In this Act: (1) Aggregator.--The term ``aggregator'' means a gas utility, electric utility, or commercial, nonprofit, or government entity that may receive rebates provided under a State program under this Act for one or more portfolios, consisting of one or more energy efficiency retrofits. (5) Electric utility.--The term ``electric utility'' has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. (11) Homeowner.--The term ``homeowner'' means the owner of an owner-occupied home or a tenant-occupied home. (B) PEARL Certification. (E) Any other assessment the Secretary determines to be appropriate. (15) HOPE training task credit.--The term ``HOPE training task credit'' means a credit described in section 102(a). (18) Measured performance home rebate.--The term ``measured performance home rebate'' means a rebate provided in accordance with section 203 and described in subsection (e) of that section. (20) Meter.--The term ``meter'' means a device that measures and records energy usage data at any interval. (23) Moderate income.--The term ``moderate income'' means, with respect to a household, a household with an annual income that is less than 80 percent of the area median income, as determined annually by the Department of Housing and Urban Development. (28) Secretary.--The term ``Secretary'' means the Secretary of Energy. 103. (b) Provider Organizations.-- (1) In general.--The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 102. 202. Labor may be included in such cost but may not exceed-- (A) in the case of a rebate under subsection (a)(1), 50 percent of such cost; and (B) in the case of a rebate under subsection (a)(2), 25 percent of such cost. (2) Replacement of an hvac system, the heating component of an hvac system, or the cooling component of an hvac system.--In order to qualify for a partial system rebate described in subsection (a)(2)-- (A) any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified; (B) installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act; (C) if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and (D) the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system. (e) Funding.-- (1) Limitation.--For each fiscal year, the Secretary may not use more than 40 percent of the amounts made available to carry out this title to carry out this section. (B) Measured reduction.--For purposes of a measured performance home rebate, reductions in home energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. 205. (2) Approval.--Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (B) Limitation.--Except as provided in section 206, with respect to an energy audit and multifamily building energy efficiency retrofit that is projected to reduce multifamily building energy use by-- (i) at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $2,000 per dwelling unit in the multifamily building, up to a maximum of $200,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity; and (ii) at least 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $4,000 per dwelling unit in the multifamily building, up to a maximum of $400,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity. 206. ); and (2) refer such households, as applicable, to such other programs and resources. (ii) Penalties for noncompliance.--To provide rebates with respect to multifamily buildings in accordance with this section, a State shall-- (I) establish and carry out a compliance procedure for the requirements of this paragraph that provides specific response and resolution deadlines and utilizes standard and transparent criteria to resolve alleged violations; (II) establish penalties that are sufficient, in the determination of such State, to deter violations of the requirements of this paragraph and the agreements entered into pursuant to this paragraph; and (III) provide that tenants of multifamily buildings may bring an civil action to enforce the lease requirements under this paragraph and pursue restitution for violations of the applicable regulatory agreement, and provide that in such an action such tenants may recover damages and attorney's fees. 208. 302.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. Authorization of appropriations. State administered rebates for home energy efficiency retrofits. Coordination of rebate and existing State-Sponsored or utility-Sponsored programs. Treatment of rebates. In this Act: (1) Aggregator.--The term ``aggregator'' means a gas utility, electric utility, or commercial, nonprofit, or government entity that may receive rebates provided under a State program under this Act for one or more portfolios, consisting of one or more energy efficiency retrofits. ( 3) Contractor company.--The term ``contractor company'' means a company-- (A) the business of which is to provide services to residential building owners with respect to HVAC systems, insulation, air sealing, or other services that are approved by the Secretary; (B) that holds the licenses and insurance required by the State in which the company provides services; and (C) that provides services for which a rebate may be provided pursuant to the Home Energy Savings Retrofit Rebate Program. (4) Electric consumer.--The term ``electric consumer'' has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602). ( 8) Gas utility.--The term ``gas utility'' has the meaning given such term in section 302 of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3202). ( (12) Home valuation certification.--The term ``home valuation certification'' means one of the following home assessments: (A) Home Energy Score. ( 13) HOPE qualification.--The term ``HOPE Qualification'' means the qualification described in section 103. ( 16) HOPE training supplemental credit.--The term ``HOPE training supplemental credit'' means a credit described in section 102(b). ( (21) Modeled performance home rebate.--The term ``modeled performance rebate'' means a rebate provided in accordance with section 203 and described in subsection (d) of that section. ( 22) Modeled performance multifamily building rebate.--The term ``modeled performance multifamily building rebate'' means a rebate provided in accordance with section 205 and described in subsection (d) of that section. ( (27) Retail natural gas information.--The term ``retail natural gas information'' means-- (A) the natural gas usage of a gas consumer, as measured and recorded by the applicable gas utility; (B) the retail natural gas prices or rates applied to the natural gas usage described in subparagraph (A) for the gas consumer; (C) the cost of service provided to a gas consumer, as displayed on billing information provided to such gas consumer; and (D) in the case of nonresidential natural gas meters, any other information that the meter is programmed to record that is used for billing purposes. ( 30) State energy office.--The term ``State energy office'' means the office or agency of a State responsible for developing the State energy conservation plan for the State under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322). (31) Underserved community.--The term ``underserved community'' means-- (A) a community located in a ZIP Code that includes one or more census tracts that are identified as-- (i) a low-income community; or (ii) a community of racial or ethnic minority concentration; or (B) any other community that the Secretary determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, and environmental stressors. Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes-- (1) criteria established under section 102 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this title. 2) Included courses.--The Secretary shall approve one or more courses that meet the criteria described in paragraph (1) for training related to-- (A) contractor certification; (B) energy auditing or assessment; (C) home energy systems (including HVAC systems); (D) insulation installation and air leakage control; (E) health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits; (F) indoor air quality; and (G) energy efficiency retrofits in manufactured housing. c) Existing Approved Courses.--The Secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable State energy office or relevant State agency with oversight authority for residential energy efficiency programs. ( d) In-Person and Online Training.--A course approved pursuant to this section shall be available online, except as needed for training in, or assessing, course content, but may also be conducted in-person. (a) Issuance of Credits.-- (1) In general.--The Secretary, or an entity authorized by the Secretary pursuant to paragraph (2), may issue-- (A) a HOPE training task credit to any individual that completes a course that meets applicable criteria under section 102; and (B) a HOPE training supplemental credit to any individual that completes a course that meets the applicable criteria under section 102. ( 2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). ( (b) Provider Organizations.-- (1) In general.--The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 102. ( 3) Additional certifications.--In addition to any grant provided under paragraph (1), the Secretary may provide an organization up to $5,000 for each additional course for which a HOPE training credit may be issued that is offered by the organization. ( (d) Trainees.--The Secretary may provide a grant of up to $1,000 under this section to an individual who receives a HOPE Qualification. ( The Secretary shall establish a program, to be known as the Home Energy Savings Retrofit Rebate Program, to-- (1) provide rebates in accordance with section 202; and (2) provide grants to States to carry out programs to provide rebates in accordance this title. (b) Specifications.-- (1) Cost.--The amount of a partial system rebate provided under this section shall, except as provided in section 206, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). Labor may be included in such cost but may not exceed-- (A) in the case of a rebate under subsection (a)(1), 50 percent of such cost; and (B) in the case of a rebate under subsection (a)(2), 25 percent of such cost. 2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). ( e) Funding.-- (1) Limitation.--For each fiscal year, the Secretary may not use more than 40 percent of the amounts made available to carry out this title to carry out this section. ( STATE ADMINISTERED REBATES FOR HOME ENERGY EFFICIENCY RETROFITS. ( b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). ( (d) Modeled Performance Home Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a homeowner, contractor, or aggregator a rebate, to be known as a modeled performance home rebate, for an energy audit of a home and a home energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce home energy use by at least 20 percent. ( 2) Amount.-- (A) In general.--Except as provided in section 206, and subject to subparagraph (B), the amount of a modeled performance home rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. ( B) Measured reduction.--For purposes of a measured performance home rebate, reductions in home energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. (f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval.--Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (d) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). ( (d) Modeled Performance Multifamily Building Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a building owner or contractor a rebate, to be known as a modeled performance multifamily building rebate, for an energy audit of a multifamily building and a multifamily building energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce whole building energy use by at least 20 percent. ( 2) Amount.-- (A) In general.--Except as provided in section 206 and subject to subparagraph (B), the amount of a modeled performance multifamily building rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a multifamily building and multifamily building energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. B) Measured reduction.--For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. (f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( h) Contracting Requirements.--The minimum requirements described in subsection (c)(2) for contractors shall include a requirement that a contractor certify that all laborers and mechanics employed by the contractor or subcontractor thereof in the performance of construction, alteration, or repair work for which a rebate is provided under a State program under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (a) Certifications.--The Secretary shall establish procedures for certifying as moderate income for purposes of this section-- (1) the household of a homeowner; or (2) a multifamily building. ( 2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). (5) Measured performance multifamily building.--For multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance multifamily building rebate under section 205 for a multifamily building energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in multifamily building energy use that is equal to twice the payment rate described in section 205(e)(2). ( d) Outreach.--The Secretary shall establish procedures to-- (1) provide information to households of homeowners, and households in multifamily buildings, that are certified pursuant to the procedures established under subsection (a) as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes and dwelling units of multifamily buildings, including the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq. ); 2) Assisted multifamily buildings.--A rebate may not be made in accordance with this section with respect to a multifamily building for which Federal rental assistance is provided unless the owner of such multifamily building demonstrates to the satisfaction of the Secretary that the remaining term of the affordability agreement for such building relating to such assistance is 5 years or longer. ii) Exemption.--A rent increase for dwelling units subject to the limitation under clause (i) may exceed the amount provided under such clause if the owner of the multifamily building in which such dwelling units are located requests such exemption and provides to the applicable State documentation demonstrating actual, documented increases in specific operating expenses, which may include property taxes and maintenance costs, that meet such requirements as the Secretary shall establish. C) Regulatory agreements; sale.--Any requirement under this paragraph or binding commitment required under this paragraph with respect to a multifamily building shall be set forth in a regulatory agreement entered into by the owner of the multifamily building and the State administering the rebate program under this title. Such regulatory agreement shall contain appropriate subordination provisions that allow for reasonable purchaser financing, shall be recorded, and shall apply notwithstanding any change in ownership of the building. ( (E) Enforcement.-- (i) Partnering with hfas.--States receiving grants to carry out rebate programs under this title are encouraged to partner with housing finance agencies to monitor compliance with and enforce the requirements under this paragraph, including developing and providing to owners of multifamily buildings with respect to which rebates are provided a standard regulatory agreement and lease addendum that sets forth the restrictions and requirements under this paragraph. ( 4) Federal rental assistance defined.--In this subsection, the term ``Federal rental assistance'' means, with respect to a multifamily building, project-based assistance provided to the owner of the multifamily building pursuant to-- (A) section 202 of the Housing Act of 1959 (12 U.S.C. 17012); (B) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (C) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); or (D) section 538 of the Housing Act of 1949 (42 U.S.C. 1490). a) Eligibility for State Energy Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. b) Guidelines for Electric Consumer and Gas Consumer Access.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. 3) State and local regulatory action.--In issuing the guidelines under paragraph (1), the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer and gas consumer access to retail electric energy information and retail natural gas information, including actions taken after consideration of the standard established under section 111(d)(19) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(19)). (5) Revisions.--The Secretary shall periodically review and, as necessary, revise the guidelines issued under paragraph (1) to reflect changes in technology, privacy needs, and the market for electric energy and natural gas and related services. EVALUATION REPORTS TO CONGRESS. ( (a) In General.--The Secretary shall provide such administrative and technical support to contractors, aggregators, States, and Indian Tribes as is necessary to carry out this title. ( b) Information Collection.--The Secretary shall establish, and make available to a homeowner, multifamily building owner, or the homeowner's or multifamily building owner's designated representative, seeking a rebate under this title, release forms authorizing, in accordance with guidelines issued under section 208(b), access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner or the multifamily building owner. Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act. MAINTENANCE OF FUNDING.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. b) Table of Contents.--The table of contents for this Act is as follows: Sec. Authorization of appropriations. Coordination of rebate and existing State-Sponsored or utility-Sponsored programs. Treatment of rebates. 3) Contractor company.--The term ``contractor company'' means a company-- (A) the business of which is to provide services to residential building owners with respect to HVAC systems, insulation, air sealing, or other services that are approved by the Secretary; (B) that holds the licenses and insurance required by the State in which the company provides services; and (C) that provides services for which a rebate may be provided pursuant to the Home Energy Savings Retrofit Rebate Program. ( 5) Electric utility.--The term ``electric utility'' has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602). ( (9) Home.--The term ``home'' means a building with no more than 4 dwelling units, or a manufactured housing unit, including units built before June 15, 1976, that-- (A) is located in the United States; (B) was constructed before the date of enactment of this Act; and (C) is occupied at least 6 months out of the year. ( 12) Home valuation certification.--The term ``home valuation certification'' means one of the following home assessments: (A) Home Energy Score. ( B) PEARL Certification. ( 18) Measured performance home rebate.--The term ``measured performance home rebate'' means a rebate provided in accordance with section 203 and described in subsection (e) of that section. ( (22) Modeled performance multifamily building rebate.--The term ``modeled performance multifamily building rebate'' means a rebate provided in accordance with section 205 and described in subsection (d) of that section. ( 25) Partial system rebate.--The term ``partial system rebate'' means a rebate provided in accordance with section 202. ( (29) State.--The term ``State'' includes-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the United States Virgin Islands; and (H) any other territory or possession of the United States. ( Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes-- (1) criteria established under section 102 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this title. 2) Included courses.--The Secretary shall approve one or more courses that meet the criteria described in paragraph (1) for training related to-- (A) contractor certification; (B) energy auditing or assessment; (C) home energy systems (including HVAC systems); (D) insulation installation and air leakage control; (E) health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits; (F) indoor air quality; and (G) energy efficiency retrofits in manufactured housing. ( (c) Existing Approved Courses.--The Secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable State energy office or relevant State agency with oversight authority for residential energy efficiency programs. ( 2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). ( (2) Criteria.--In order to receive a grant under this subsection, an organization shall be-- (A) a nonprofit organization; (B) an educational institution; or (C) an organization that has experience providing training to contractors that work with the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) or equivalent experience, as determined by the Secretary. ( c) Contractor Company.--The Secretary may provide a grant under this section of $1,000 per employee to a contractor company, up to a maximum of $10,000, to reimburse the contractor company for training costs for employees, and any home technology support needed for an employee to receive training pursuant to this section. b) Specifications.-- (1) Cost.--The amount of a partial system rebate provided under this section shall, except as provided in section 206, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). Labor may be included in such cost but may not exceed-- (A) in the case of a rebate under subsection (a)(1), 50 percent of such cost; and (B) in the case of a rebate under subsection (a)(2), 25 percent of such cost. (2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). ( b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). ( (d) Modeled Performance Home Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a homeowner, contractor, or aggregator a rebate, to be known as a modeled performance home rebate, for an energy audit of a home and a home energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce home energy use by at least 20 percent. ( B) Limitation.--Except as provided in section 206, with respect to an energy audit and home energy efficiency retrofit that is projected to reduce home energy use by-- (i) at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance home rebate shall be $2,000; and (ii) at least 35 percent, the maximum amount of a modeled performance home rebate shall be $4,000. ( f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (g) Administrative Expenses.--A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). ( (d) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). ( (d) Modeled Performance Multifamily Building Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a building owner or contractor a rebate, to be known as a modeled performance multifamily building rebate, for an energy audit of a multifamily building and a multifamily building energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce whole building energy use by at least 20 percent. ( 2) Amount.-- (A) In general.--Except as provided in section 206 and subject to subparagraph (B), the amount of a modeled performance multifamily building rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a multifamily building and multifamily building energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. ( B) Measured reduction.--For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (g) Administrative Expenses.--A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). ( h) Contracting Requirements.--The minimum requirements described in subsection (c)(2) for contractors shall include a requirement that a contractor certify that all laborers and mechanics employed by the contractor or subcontractor thereof in the performance of construction, alteration, or repair work for which a rebate is provided under a State program under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). (5) Measured performance multifamily building.--For multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance multifamily building rebate under section 205 for a multifamily building energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in multifamily building energy use that is equal to twice the payment rate described in section 205(e)(2). ( d) Outreach.--The Secretary shall establish procedures to-- (1) provide information to households of homeowners, and households in multifamily buildings, that are certified pursuant to the procedures established under subsection (a) as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes and dwelling units of multifamily buildings, including the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq. ); ii) Exemption.--A rent increase for dwelling units subject to the limitation under clause (i) may exceed the amount provided under such clause if the owner of the multifamily building in which such dwelling units are located requests such exemption and provides to the applicable State documentation demonstrating actual, documented increases in specific operating expenses, which may include property taxes and maintenance costs, that meet such requirements as the Secretary shall establish. ( C) Regulatory agreements; sale.--Any requirement under this paragraph or binding commitment required under this paragraph with respect to a multifamily building shall be set forth in a regulatory agreement entered into by the owner of the multifamily building and the State administering the rebate program under this title. Such regulatory agreement shall contain appropriate subordination provisions that allow for reasonable purchaser financing, shall be recorded, and shall apply notwithstanding any change in ownership of the building. ( D) Tenant notification.--To provide rebates with respect to multifamily buildings in accordance with this section, a State shall develop and carry out a specific and verifiable mechanism for providing tenants of multifamily buildings for which such rebates are provided with written notice of their rights and their landlord's obligations pursuant to this paragraph. ( COORDINATION OF REBATE AND EXISTING STATE-SPONSORED OR UTILITY-SPONSORED PROGRAMS. b) Guidelines for Electric Consumer and Gas Consumer Access.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. 3) State and local regulatory action.--In issuing the guidelines under paragraph (1), the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer and gas consumer access to retail electric energy information and retail natural gas information, including actions taken after consideration of the standard established under section 111(d)(19) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(19)). (5) Revisions.--The Secretary shall periodically review and, as necessary, revise the guidelines issued under paragraph (1) to reflect changes in technology, privacy needs, and the market for electric energy and natural gas and related services. b) Information Collection.--The Secretary shall establish, and make available to a homeowner, multifamily building owner, or the homeowner's or multifamily building owner's designated representative, seeking a rebate under this title, release forms authorizing, in accordance with guidelines issued under section 208(b), access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner or the multifamily building owner. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this title $1,400,000,000 for each of fiscal years 2022 through 2027, to remain available until expended. ( b) Tribal Allocation.--Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this title, taking into account any factors that the Secretary determines to be appropriate.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. Coordination of rebate and existing State-Sponsored or utility-Sponsored programs. 22) Modeled performance multifamily building rebate.--The term ``modeled performance multifamily building rebate'' means a rebate provided in accordance with section 205 and described in subsection (d) of that section. ( ( Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes-- (1) criteria established under section 102 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this title. 2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). ( ( b) Specifications.-- (1) Cost.--The amount of a partial system rebate provided under this section shall, except as provided in section 206, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). 2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). ( ( f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). ( ( 2) Amount.-- (A) In general.--Except as provided in section 206 and subject to subparagraph (B), the amount of a modeled performance multifamily building rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a multifamily building and multifamily building energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. ( f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( (2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ); ii) Exemption.--A rent increase for dwelling units subject to the limitation under clause (i) may exceed the amount provided under such clause if the owner of the multifamily building in which such dwelling units are located requests such exemption and provides to the applicable State documentation demonstrating actual, documented increases in specific operating expenses, which may include property taxes and maintenance costs, that meet such requirements as the Secretary shall establish. ( 3) State and local regulatory action.--In issuing the guidelines under paragraph (1), the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer and gas consumer access to retail electric energy information and retail natural gas information, including actions taken after consideration of the standard established under section 111(d)(19) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(19)). (5) Revisions.--The Secretary shall periodically review and, as necessary, revise the guidelines issued under paragraph (1) to reflect changes in technology, privacy needs, and the market for electric energy and natural gas and related services. b) Tribal Allocation.--Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this title, taking into account any factors that the Secretary determines to be appropriate.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. 21) Modeled performance home rebate.--The term ``modeled performance rebate'' means a rebate provided in accordance with section 203 and described in subsection (d) of that section. ( Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes-- (1) criteria established under section 102 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this title. 3) Additional certifications.--In addition to any grant provided under paragraph (1), the Secretary may provide an organization up to $5,000 for each additional course for which a HOPE training credit may be issued that is offered by the organization. ( ( b) Specifications.-- (1) Cost.--The amount of a partial system rebate provided under this section shall, except as provided in section 206, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). 2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). ( ( ( 2) Amount.-- (A) In general.--Except as provided in section 206, and subject to subparagraph (B), the amount of a modeled performance home rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. ( d) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( B) Measured reduction.--For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. ( 2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ( ii) Exemption.--A rent increase for dwelling units subject to the limitation under clause (i) may exceed the amount provided under such clause if the owner of the multifamily building in which such dwelling units are located requests such exemption and provides to the applicable State documentation demonstrating actual, documented increases in specific operating expenses, which may include property taxes and maintenance costs, that meet such requirements as the Secretary shall establish. C) Regulatory agreements; sale.--Any requirement under this paragraph or binding commitment required under this paragraph with respect to a multifamily building shall be set forth in a regulatory agreement entered into by the owner of the multifamily building and the State administering the rebate program under this title. a) Eligibility for State Energy Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. b) Guidelines for Electric Consumer and Gas Consumer Access.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. ( b) Information Collection.--The Secretary shall establish, and make available to a homeowner, multifamily building owner, or the homeowner's or multifamily building owner's designated representative, seeking a rebate under this title, release forms authorizing, in accordance with guidelines issued under section 208(b), access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner or the multifamily building owner. Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. 2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). ( ( ( ( f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( 2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ); b) Tribal Allocation.--Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this title, taking into account any factors that the Secretary determines to be appropriate.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes-- (1) criteria established under section 102 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this title. ( ( b) Specifications.-- (1) Cost.--The amount of a partial system rebate provided under this section shall, except as provided in section 206, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). 2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). ( ( ( ( B) Measured reduction.--For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ( ii) Exemption.--A rent increase for dwelling units subject to the limitation under clause (i) may exceed the amount provided under such clause if the owner of the multifamily building in which such dwelling units are located requests such exemption and provides to the applicable State documentation demonstrating actual, documented increases in specific operating expenses, which may include property taxes and maintenance costs, that meet such requirements as the Secretary shall establish. a) Eligibility for State Energy Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. b) Guidelines for Electric Consumer and Gas Consumer Access.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. ( b) Information Collection.--The Secretary shall establish, and make available to a homeowner, multifamily building owner, or the homeowner's or multifamily building owner's designated representative, seeking a rebate under this title, release forms authorizing, in accordance with guidelines issued under section 208(b), access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner or the multifamily building owner. Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. 2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). ( ( ( ( f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( 2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ); b) Tribal Allocation.--Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this title, taking into account any factors that the Secretary determines to be appropriate.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. 2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). ( ( ( ( B) Measured reduction.--For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ( b) Guidelines for Electric Consumer and Gas Consumer Access.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. ( Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. 2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). ( ( ( ( f) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. ( 2) Modeled performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ); b) Tribal Allocation.--Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this title, taking into account any factors that the Secretary determines to be appropriate.

To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes. 2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). ( ( ( ( B) Measured reduction.--For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured-- (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. ( 4) Measured performance home rebate.--For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). ( ( b) Guidelines for Electric Consumer and Gas Consumer Access.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. ( Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act.

This bill establishes grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings. Specifically, the bill establishes the Home Energy Savings Retrofit Rebate Program, which provides rebates to residential contractors for reductions in home energy use not measured by meters. The bill also establishes a grant program for state-sponsored or state-assisted energy efficiency retrofits.

This bill establishes grants to support online training of residential contractors and rebates for energy efficiency upgrades of homes and multifamily buildings. Specifically, the bill establishes the Home Energy Savings Retrofit Rebate Program to provide rebates to states and localities for home energy efficiency retrofits.

This bill requires the Department of Energy (DOE) to provide rebates for residential energy efficiency retrofits. Specifically, DOE must award rebates to states and local governments for residential and multifamily building energy efficiency upgrades. The bill also requires DOE to establish a grant program to provide education and training to eligible households about energy efficiency.

This bill provides rebates for energy efficiency retrofits and training for homeowners and renters. Specifically, the bill establishes a rebate program for homeowners, renters, and energy efficient building owners. The Department of Energy (DOE) must award rebates to states and local governments for residential energy efficiency projects. In addition, DOE must establish a program to provide grants to states, local governments, and nonprofit organizations to provide training on energy efficiency and energy efficiency programs. The bill also establishes a grant program for states to provide rebates and training to eligible individuals and families for residential and multifamily building energy efficiency upgrades. Additionally, DOE

This bill requires the Department of Energy (DOE) to provide rebates for energy audit and multifamily building energy efficiency retrofits that are projected to reduce multifamily home energy use by at least 20% and at least 35% if the retrofit is completed within six months of the replacement of the HVAC system, the heating component of an hvac system, or the cooling component of such system. The bill also requires DOE to provide grants to provide online training on energy audits and energy efficiency.

This bill establishes a rebate program for state-administered rebates for multifamily building energy efficiency retrofits. The Department of Energy (DOE) may also provide grants to provide training online for providers of energy efficiency training.

This bill requires the Department of Energy (DOE) to award grants to support online training of residential contractors and rebates for energy efficiency upgrades of homes and multifamily buildings. Specifically, DOE must award grants for (1) online training for residential contractors, (2) models of energy audits and home energy efficiency retrofits that are projected to reduce home energy use, and (3) rebates that are equal to 30% of the cost of the purchase and installation of insulation and air sealing and replacement of an HVAC system, heating component, or cooling component of a multifamily building. In addition, DOE may award

This bill establishes grants to support online training of residential contractors and rebates for energy efficiency upgrades of homes and multifamily buildings. Specifically, the bill requires the Department of Energy (DOE) to award grants to states and localities to support the installation of energy audits and energy efficiency retrofits for homes and buildings. In addition, DOE must issue a notice that includes criteria for approval of courses for which credits may be issued for purposes of a Home Energy Efficiency Program (HOPE) Qualification, a list of courses that meet such criteria and are approved, and information on how individuals and entities may apply for grants.

To make grants to support online training of residential contractors                 the energy efficiency upgrades of homes and multifamily buildings, and to provide rebates for the home energy savings retrofit program.To make rebates and grants for energy efficiency training and grants to The United States of America in Congress assembled, for the purpose of: (1) training and certification of contractors 󾌂󾃁󾂁󽂁ﾃ�󾅁󼃁＃󼂁(2) providing rebates to residential

Social Welfare

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Without Worry Act''. SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILDHOOD DISABILITY BENEFICIARIES. (a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) in paragraph (1)(B)(ii), by striking ``is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and'' and inserting the following: ``is under a disability (as defined in section 223(d)), and-- ``(I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and ``(II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and''; and (2) by adding at the end the following new paragraphs: ``(11)(A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has not attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section. <all>

This bill modifies eligibility for Social Security Disability Insurance (SSDI) benefits for individuals who have a disability that began before age 22. Under current law, these individuals may obtain SSDI benefits based on the work record of a retired, disabled, or deceased parent. However, an individual with earnings after age 22 that exceed a specified monetary limit (i.e., constitute substantial gainful activity) permanently loses eligibility for such benefits. This bill allows individuals to retain eligibility for such benefits regardless of the amount of earnings after age 22. Additionally, individuals who apply for SSDI benefits on a parent's record and also independently qualify for Social Security benefits on their own record will receive the larger of the two benefit amounts.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Without Worry Act''. SEC. 2. (a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) in paragraph (1)(B)(ii), by striking ``is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and'' and inserting the following: ``is under a disability (as defined in section 223(d)), and-- ``(I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and ``(II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and''; and (2) by adding at the end the following new paragraphs: ``(11)(A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has not attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. SEC. 2. 402(d)) is amended-- (1) in paragraph (1)(B)(ii), by striking ``is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and'' and inserting the following: ``is under a disability (as defined in section 223(d)), and-- ``(I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and ``(II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and''; and (2) by adding at the end the following new paragraphs: ``(11)(A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has not attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Without Worry Act''. SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILDHOOD DISABILITY BENEFICIARIES. (a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) in paragraph (1)(B)(ii), by striking ``is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and'' and inserting the following: ``is under a disability (as defined in section 223(d)), and-- ``(I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and ``(II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and''; and (2) by adding at the end the following new paragraphs: ``(11)(A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has not attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section. <all>

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Without Worry Act''. SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILDHOOD DISABILITY BENEFICIARIES. (a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) in paragraph (1)(B)(ii), by striking ``is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and'' and inserting the following: ``is under a disability (as defined in section 223(d)), and-- ``(I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and ``(II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and''; and (2) by adding at the end the following new paragraphs: ``(11)(A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has not attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section. <all>

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. ( b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. This Act may be cited as the ``Work Without Worry Act''. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. This Act may be cited as the ``Work Without Worry Act''. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. ( b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. This Act may be cited as the ``Work Without Worry Act''. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. ( b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. This Act may be cited as the ``Work Without Worry Act''. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. ( b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. This Act may be cited as the ``Work Without Worry Act''. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application.

To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries. a) In General.--Section 202(d) of the Social Security Act (42 U.S.C. ``(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who-- ``(i) has attained early retirement age (as defined in section 216(l)(2)); ``(ii) has filed an application for child's insurance benefits; and ``(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). ``(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined-- ``(i) without regard to the primary insurance amount calculation described section 215(a)(7); and ``(ii) before application of section 224. ``(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child's insurance benefits is filed.''. ( b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.

This bill eliminates the work disincentives for childhood disability beneficiaries.

This bill eliminates the work disincentive for children who are under a disability that began before the age of 22.

This bill modifies the Social Security Disability Insurance (SSDIY) program to eliminate work disincentives for childhood disability beneficiaries. Specifically, the bill eliminates the requirement that a child must work to receive SSDI benefits if (1) the physical or mental impairment or combination of impairments that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before that age), and (2) the child's disability could have been a basis for a disability (without regard to whether the child was actually engaged in substantial gain

This bill eliminates work disincentives for childhood disability beneficiaries. Specifically, a child who has not attained early retirement age and has filed an application for child's insurance benefits and is insured for disability benefits at the time of such filing shall be deemed to be entitled to both such benefits and disability insurance benefits.

This bill eliminates work disincentives for children who are under a disability that began before the age of 22.

This bill eliminates work disincentives for childhood disability beneficiaries. Specifically, a child shall not be required to be continuously under a disability during the period between the date the disability began and the date that the child's application for child's insurance benefits is filed.

This bill eliminates work disincentives for childhood disability beneficiaries. Specifically, the bill eliminates the disincentive to work for a child who has attained early retirement age and has filed an application for child's insurance benefits and is a fully insured individual at the time of such application.

This bill eliminates work disincentives for childhood disability beneficiaries. Specifically, the bill eliminates the requirement that a child be continuously under a disability during the period between the date that the disability began and the date the child's application for child's insurance benefits is filed.

To amend title II of the Social Security Act to eliminate work                 early child and new subparagraphs of section 202(d) and paragraph (1)(B)(ii) of section 223(d), and to provide for the elimination of work 󾌾 � (a) In General.--Section 202(c) of the social security Act (42                U.S.C. 402(d)) is amended--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- =-=- I am a child who is under a disability

Science, Technology, Communications

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modern Television Act of 2021''. SEC. 2. AGREEMENTS FOR CARRIAGE OF BROADCAST PROGRAMMING. (a) Agreements for Carriage of Broadcast Programming.--Section 325 of the Communications Act of 1934 (47 U.S.C. 325) is amended-- (1) in subsection (b)(3)(C)-- (A) by striking clauses (ii), (iii), and (iv); and (B) by redesignating clauses (v) and (vi) as clauses (ii) and (iii), respectively; and (2) by adding at the end the following: ``(f) Requirements for Marketplace Agreements.-- ``(1) Negotiation requirements.-- ``(A) In general.--Not later than 90 days after the date of the enactment of the Modern Television Act of 2021, the Commission shall, by regulation-- ``(i) require a television broadcast station and multichannel video programming distributor (and any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) to negotiate in good faith in any effort to reach a marketplace agreement; and ``(ii) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market in an effort to reach a marketplace agreement with a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission. ``(B) Good faith requirements.--The regulations promulgated under paragraph (1)(A) shall provide-- ``(i) that it is a violation of the requirement under paragraph (1)(A)(i)-- ``(I) for a multichannel video programming distributor, a qualified MVPD buying group, a television broadcast station, or a large station group to refuse to declare an impasse for the sole purpose of avoiding binding arbitration under subsection (g), as added by the Modern Television Act of 2021; or ``(II) for a large station group to prohibit a qualified MVPD buying group from permitting a multichannel video programming distributor with which the large station group has an existing marketplace agreement to join a new marketplace agreement negotiated by the large station group and the qualified MVPD buying group upon the expiration of the existing marketplace agreement, if the multichannel video programming distributor was unable to join the new marketplace agreement at the time of the execution of the agreement because of the existing marketplace agreement; ``(ii) that is not a violation of the requirement under paragraph (1)(A)(i)-- ``(I) for a television broadcast station or large station group to enter into marketplace agreements containing different terms and conditions, including price terms and royalty fees, with different multichannel video programming distributors or with different qualified MVPD buying groups if such different terms and conditions are based on competitive marketplace considerations; or ``(II) for a multichannel video programming distributor or a qualified MVPD buying group to enter into marketplace agreements containing different terms and conditions, including price terms and royalty fees, with different television broadcast stations or with different large station groups if such different terms and conditions are based on competitive marketplace considerations; ``(iii) that a multichannel video programming distributor may satisfy its obligations under paragraph (1)(A)(i) by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith; and ``(iv) that a qualified MVPD buying group may satisfy any obligations under paragraph (1)(A)(i) to designate a representative with authority to make binding representations by designating such a representative that can make binding representations on the qualified MVPD buying group's behalf. ``(2) Interim carriage.--Not later than 90 days after the date of the enactment of the Modern Television Act of 2021, the Commission shall, by regulation, require a multichannel video programming distributor to retransmit a signal of a television broadcast station and the television broadcast station to permit the retransmission of that signal-- ``(A) for a period not longer than 60 days beginning on the date on which a marketplace agreement entered into by the television broadcast station and the multichannel video programming distributor (or by any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) expires; and ``(B) under the terms and conditions of such expired agreement. ``(3) Retroactivity of marketplace agreement.--Not later than 90 days after the date of the enactment of the Modern Television Act of 2021, the Commission shall require, by regulation, each marketplace agreement entered into on or after such date of enactment by a television broadcast station and a multichannel video programming distributor (or by any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) to include a clause making the terms of the agreement retroactive to the expiration date of the most recent marketplace agreement entered into by or on behalf of the station and the distributor if the station and the distributor-- ``(A) had previously entered into a marketplace agreement; and ``(B) are required to retransmit a signal or permit the retransmission of a signal, as the case may be, under paragraph (2) or subsection (g), as added by the Modern Television Act of 2021. ``(4) Prohibition on requiring certain payments.--Not later than 90 days after the date of the enactment of the Modern Television Act of 2021, the Commission shall, by regulation, prohibit a television broadcast station from requiring payment, either directly or indirectly, from a multichannel video programming distributor for customers of the multichannel video programming distributor who do not receive the signals of the television broadcast station from that distributor. ``(5) Limitation.--The requirements under this subsection do not apply with respect to mandatory carriage of the signal of a television broadcast station that elects mandatory carriage under section 338, 614, or 615. ``(6) Definitions.--In this subsection: ``(A) Large station group.--The term `large station group' means a group of television broadcast stations that-- ``(i) are directly or indirectly under common de jure control permitted by the regulations of the Commission; ``(ii) generally negotiate agreements for retransmission consent under this section as a single entity; and ``(iii) include only television broadcast stations that collectively have a national audience reach of more than 20 percent. ``(B) Local market.--The term `local market' has the meaning given such term in section 122(j) of title 17, United States Code. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ``(D) Multichannel video programming distributor.-- The term `multichannel video programming distributor' has the meaning given such term in section 602. ``(E) Qualified mvpd buying group.--The term `qualified MVPD buying group' means an entity that, with respect to a negotiation with a large station group for retransmission consent under this section-- ``(i) negotiates on behalf of two or more multichannel video programming distributors-- ``(I) none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and ``(II) that do not collectively serve more than 25 percent of all households served by multichannel video programming distributors in any single local market in which the applicable large station group operates; and ``(ii) negotiates agreements for such retransmission consent-- ``(I) that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and ``(II) under which the entity assumes liability to remit to the applicable large station group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates. ``(F) Television broadcast station.--The term `television broadcast station' means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.''. (b) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE UNDER THE COMMUNICATIONS ACT OF 1934. (a) Repeal.--The following sections of the Communications Act of 1934 (47 U.S.C. 151 et seq.) are hereby repealed: (1) Section 325(b) (47 U.S.C. 325(b)). (2) Section 325(e) (47 U.S.C. 325(e)). (3) Section 339 (47 U.S.C. 339). (4) Section 340 (47 U.S.C. 340). (5) Section 341 (47 U.S.C. 341). (6) Section 342 (47 U.S.C. 342). (7) Section 612 (47 U.S.C. 532). (8) Section 712 (47 U.S.C. 612). (b) Additional Amendments.-- (1) Section 338.--Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) by inserting ``or under a marketplace agreement (as that term is defined in section 325),'' after ``Code,''; and (II) by striking ``, subject to section 325(b)''; (ii) in paragraph (2), by striking ``501(f)'' each place it appears and inserting ``501(e)''; (iii) in paragraph (3)-- (I) by striking ``whose signals'' and all that follows through ``of title 17, United States Code,''; and (II) by inserting ``or a marketplace agreement'' after ``such title''; (iv) by amending paragraph (5) to read as follows: ``(5) Nondiscrimination in carriage of high definition signals of noncommercial educational television stations.--If, on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier initiates the provision of any secondary transmission in high definition format to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, then such satellite carrier shall carry the signals in high-definition format of all qualified noncommercial educational television stations located within that local market.''; and (B) in subsection (d), by inserting ``seeking carriage under subsection (a)(1)'' after ``signal of a local television broadcast station''; (C) by striking subsection (h); (D) by redesignating subsections (i), (j), (k), and (l) as subsections (h), (i), (j), and (k), respectively; (E) in subsection (j), as so redesignated-- (i) by striking paragraph (1); (ii) by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10) as paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9), respectively; (iii) in paragraph (3), as so redesignated, by striking ``122(j)'' and inserting ``122(g)''; (iv) in paragraph (6), as so redesignated, by striking ``119(d)'' and inserting ``111(f)''; (v) in paragraph (7), as so redesignated, by striking ``119(d)'' and inserting ``111(f)''; (vi) in paragraph (8), as so redesignated, by striking ``122(j)'' and inserting ``122(g)''; and (vii) in paragraph (9), as so redesignated, by striking ``325(b)(7)'' and inserting ``325''; and (F) in subsection (k), as so redesignated, by striking paragraph (5). (2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended-- (A) by striking subsections (a), (b), (c), (d), (g), (h), (i), (j), (k), (l), (m), (n), and (o); (B) by redesignating subsections (e) and (f) as subsections (a) and (b), respectively; and (C) by adding at the end the following: ``(c) Regulation of Rates and Broadcast Signal Carriage.--No Federal agency, State, or franchising authority may regulate-- ``(1) the rates for the provision of multichannel video programming services of a multichannel video programming distributor; or ``(2) the retransmission of television broadcast signals by a multichannel video programming distributor except in accordance with the requirements of sections 325, 338, 614, and 615.''. (c) Conforming Amendments.-- (1) Section 343.--Section 343 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. (2) Section 615.--Section 615 of the Communications Act of 1934 (47 U.S.C. 535) is amended-- (A) by striking subsection (f); and (B) in subsection (l), by striking paragraph (1) and inserting the following: ``(1) Qualified noncommercial educational television station.-- ``(A) In general.--The term `qualified noncommercial educational television station' means any full-power television broadcast station which-- ``(i) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television broadcast station and is owned and operated by a public agency, nonprofit foundation, nonprofit corporation, or nonprofit association; or ``(ii) is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes. ``(B) Inclusions.--Such term includes-- ``(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; ``(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and ``(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.''. (3) Section 621.--Section 621(b)(3)(D) of the Communications Act of 1934 (47 U.S.C. 541(b)(3)(D)) is amended by striking ``sections 611 and 612'' and inserting ``section 611''. (4) Section 622.--Section 622(c) of the Communications Act of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to section 623''. (5) Section 625.--Section 625 of the Communications Act of 1934 (47 U.S.C. 545) is amended-- (A) in subsection (c)-- (i) by striking ``rearrange, replace,'' and inserting ``replace''; (ii) in paragraph (1), by striking ``; or'' and inserting a period; (iii) by striking paragraph (2); and (iv) by striking ``franchise if--'' and all that follows through ``such service is no longer'' and inserting ``franchise if such service is no longer''; and (B) in subsection (d), by striking ``, if the rates'' and all that follows and inserting a period. (6) Section 632.--Section 632(c) of the Communications Act of 1934 (47 U.S.C. 552(c)) is amended by striking ``section 623(b)(6) or''. (7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. (8) Section 653.--Section 653 of the Communications Act of 1934 (47 U.S.C. 573) is amended-- (A) in subsection (b)(1)-- (i) in subparagraph (C), by adding ``and'' at the end; and (ii) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (B) in subsection (c)(1)-- (i) in subparagraph (A)-- (I) by striking ``(other than subsection (a) thereof)''; and (II) by striking ``623(f)'' and inserting ``623(b)''; (ii) in subparagraph (B), by striking ``, and section 325 of title III,''; and (iii) in subparagraph (C)-- (I) by striking ``sections 612 and 617'' and inserting ``section 617''; and (II) by striking ``623(f)'' and inserting ``623(b)''. SEC. 4. BINDING ARBITRATION. Section 325 of the Communications Act of 1934, as amended by sections 2 and 3, is further amended by adding at the end the following: ``(g) Binding Arbitration.-- ``(1) Requirement.--Beginning on the date that is 90 days after the date on which this subsection takes effect, the Commission shall, by regulation-- ``(A) provide that the Commission may require a television broadcast station and multichannel video programming distributor negotiating a marketplace agreement (and any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) to submit to binding arbitration-- ``(i) upon-- ``(I) a declaration of an impasse in negotiations by all parties negotiating the agreement; ``(II) a preliminary finding by the Commission of a violation of the good faith requirement under subsection (f)(1)(A)(i); or ``(III) the failure of the television broadcast station and multichannel programming distributor (or any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) to reach a marketplace agreement by the date that is 60 days after the date on which a marketplace agreement entered into by the television broadcast station and the multichannel video programming distributor (or by any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) expires; and ``(ii) in a form substantially similar to that imposed in Section VII of Appendix A of the Memorandum Opinion and Order in the matter of Applications of Comcast Corporation, General Electric Company and NBC Universal, Inc. For Consent to Assign Licenses and Transfer Control of Licensees that was adopted by the Commission on January 18, 2011 (FCC 11-4); and ``(B) provide that the Commission may require a multichannel video programming distributor to retransmit a signal of a television broadcast station and the television broadcast station to permit the retransmission of that signal-- ``(i) during any period in which the television broadcast station and the multichannel video programming distributor (or any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) are required to submit to binding arbitration under subparagraph (A); and ``(ii) in accordance with the interim carriage provisions imposed in Section VII of Appendix A of the Memorandum Opinion and Order described under subparagraph (A)(ii). ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. SEC. 5. REPEAL OF REGULATORY INTERVENTION IN THE COPYRIGHT ACT. (a) In General.-- (1) Repeal.--Section 119 of title 17, United States Code, is hereby repealed. (2) Conforming amendment.--The table of sections at the beginning of chapter 1 of title 17, United States Code, is amended by striking the item related to section 119. (b) Section 111.--Section 111 of title 17, United States Code, is amended-- (1) in subsection (a)(4), by striking ``section 119 or''; (2) in subsection (c)-- (A) by striking ``broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico'' and inserting ``qualified broadcast station'' each place it appears; and (B) in paragraph (1), by striking ``where the carriage'' and all that follows before the period at the end; (3) in subsection (d)(1)(A), by striking the second sentence; and (4) in subsection (f)-- (A) in paragraph (4), by striking ``122(j)(2)(C)'' and inserting ``122(g)(2)(C)''; and (B) by adding at the end, the following: ``(14) Qualified broadcast station.--The term `qualified broadcast station' means a broadcast station licensed by the Federal Communications Commission, or by an appropriate governmental authority of Canada or Mexico, that elects mandatory carriage under section 614 or 615 of the Communications Act of 1934. ``(15) Satellite carrier.--The term `satellite carrier' means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service or the Direct Broadcast Satellite Service under part 25 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to- multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 (47 U.S.C. 151 et seq.), other than for private home viewing.''. (c) Section 122.--Section 122 of title 17, United States Code, is amended-- (1) by striking ``television broadcast stations'' each place it appears and inserting ``qualified television broadcast stations''; (2) by striking ``television broadcast station'' each place it appears and inserting ``qualified television broadcast station''; (3) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; and''; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B); (B) by striking paragraphs (2), (3), and (5); (C) by redesignating paragraph (4) as paragraph (2); and (D) in paragraph (2), as so redesignated, by striking ``Special exceptions.--A secondary transmission of a performance or display'' and all that follows through ``In the case of a system'' and inserting ``Special exception.--In the case of a system''; (4) by striking subsections (b), (f), and (g); (5) by redesignating subsections (c), (d), (e), (h), (i), and (j) as subsections (b), (c), (d), (e), (f), and (g), respectively; (6) in subsection (c), as so redesignated-- (A) by striking ``television broadcast station'' each place it appears and inserting ``qualified television broadcast station''; (B) by striking ``television broadcast signals'' and inserting ``signal of a qualified television broadcast stations''; and (C) by striking ``, if the satellite carrier'' and all that follows before the period at the end; (7) in subsection (d), as so redesignated, by striking ``television broadcast station'' each place it appears and inserting ``qualified television broadcast station''; (8) in subsection (f), as so redesignated, by striking ``and section 119''; and (9) in subsection (g), as so redesignated-- (A) in paragraph (2)(E), by striking ``338(l)'' and inserting ``338(k)''; (B) by amending paragraph (4) to read as follows: ``(4) Network station.--The term `network station' means-- ``(A) a television station licensed by the Federal Communications Commission, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States that offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or ``(B) a noncommercial educational broadcast station (as defined in section 397 of the Communications Act of 1934); except that the term does not include the signal of the Alaska Rural Communications Service, or any successor entity to that service.''. (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; (D) by inserting after paragraph (4), the following: ``(5) Non-network station.--The term `non-network station' means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier.''; and (E) in paragraph (8), as so redesignated-- (i) in the heading, by striking ``Television broadcast station'' and inserting ``Qualified television broadcast station''; (ii) in subparagraph (A), by inserting ``, that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934'' after ``Regulations''; and (iii) in subparagraph (B)-- (I) by inserting ``that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934,'' after ``Mexico''; and (II) by striking ``as defined in section 119(d)(2)(A)''. (d) Conforming Amendments.--Title 17, United States Code, is amended-- (1) in section 501-- (A) by striking ``local service area'' each place it appears and inserting ``designated market area''; (B) by striking subsection (e); (C) by redesignating subsection (f) as subsection (e); and (D) by adding at the end the following: ``(f) In this section, the term `designated market area' means a designated market area, as determined by Nielsen Media Research and published in the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication.''; (2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. SEC. 6. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY INTERVENTION. The Federal Communications Commission shall take all actions necessary to-- (1) repeal section 73.658 of the Commission's rules (47 CFR 73.658); (2) repeal subpart F of part 76 of the Commission's rules; and (3) modify subpart S of part 76 of the Commission's rules by eliminating any requirements relating to network nonduplication and syndicated exclusivity for open video systems. SEC. 7. REPORT. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning.''; and (2) by adding at the end the following: ``(e) Comptroller General Study.-- ``(1) Study.--Not later than 4 years after the date of the enactment of the Modern Television Act of 2021, and every two years thereafter, the Comptroller General of the United States, in consultation with the Commission, shall study the effect of the regime established under such Act, and the amendments made by such Act, by measuring-- ``(A) the price consumers pay for video programming, adjusted to reflect national monetary inflation or deflation; ``(B) the satisfaction of consumers with the quality of video programming and the services of multichannel video programming distributors; ``(C) the-- ``(i) number of interruptions to the distribution of programming to consumers because of impasses in negotiations between multichannel video programming distributors and television broadcast stations; ``(ii) duration of each interruption; and ``(iii) number of consumers impacted by each interruption; and ``(D) consumer access to local programming, including news, weather, sports, and public, educational, and governmental programming. ``(2) Determination by commission.--The Commission shall determine under the study described in paragraph (1) if the totality of the measurements described in such paragraph present a net positive, net negative, or indeterminate impact to consumers and to the marketplace. ``(3) Definitions.--In this subsection, the terms `video programming' and `multichannel video programming distributor' have the meaning given those terms in section 602.''. SEC. 8. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. SEC. 9. EFFECTIVE DATE. Except as provided in section 2, this Act, and the amendments made by this Act, shall take effect on the date that is 42 months after the date of the enactment of this Act. <all>

This bill establishes measures to prevent blackouts of television broadcast stations, including requiring good-faith negotiations in broadcast agreements and providing for outside arbitration of certain negotiation disputes. Specifically, the bill requires a station and a cable or satellite service to negotiate in good faith when attempting to reach a marketplace agreement, and it requires the cable or satellite service to retransmit the signal of a station for up to 60 days while the parties renegotiate an expired agreement. The Federal Communications Commission may require a station and a cable or satellite service to submit to binding arbitration to resolve any dispute that may arise (the parties must be retroactively paid for content aired during this time). Further, a station is prohibited from requiring payment from a cable or satellite service for customers of the cable or satellite service who do not receive the signals of the station from that service. Additionally, the bill repeals specified provisions, including those related to retransmission consent and compulsory copyright licenses. The bill also disallows federal, state, and local authorities from regulating the rates of a cable or satellite service. The Government Accountability Office must assess the impact of the bill.

SHORT TITLE. This Act may be cited as the ``Modern Television Act of 2021''. AGREEMENTS FOR CARRIAGE OF BROADCAST PROGRAMMING. ``(B) Local market.--The term `local market' has the meaning given such term in section 122(j) of title 17, United States Code. 3. 325(b)). 325(e)). 612). (2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. 545) is amended-- (A) in subsection (c)-- (i) by striking ``rearrange, replace,'' and inserting ``replace''; (ii) in paragraph (1), by striking ``; or'' and inserting a period; (iii) by striking paragraph (2); and (iv) by striking ``franchise if--'' and all that follows through ``such service is no longer'' and inserting ``franchise if such service is no longer''; and (B) in subsection (d), by striking ``, if the rates'' and all that follows and inserting a period. 573) is amended-- (A) in subsection (b)(1)-- (i) in subparagraph (C), by adding ``and'' at the end; and (ii) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (B) in subsection (c)(1)-- (i) in subparagraph (A)-- (I) by striking ``(other than subsection (a) thereof)''; and (II) by striking ``623(f)'' and inserting ``623(b)''; (ii) in subparagraph (B), by striking ``, and section 325 of title III,''; and (iii) in subparagraph (C)-- (I) by striking ``sections 612 and 617'' and inserting ``section 617''; and (II) by striking ``623(f)'' and inserting ``623(b)''. 4. BINDING ARBITRATION. ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. 5. (a) In General.-- (1) Repeal.--Section 119 of title 17, United States Code, is hereby repealed. ``(15) Satellite carrier.--The term `satellite carrier' means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service or the Direct Broadcast Satellite Service under part 25 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to- multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 (47 U.S.C. 6. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY INTERVENTION. 7. 8. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. SEC. 9. EFFECTIVE DATE.

SHORT TITLE. This Act may be cited as the ``Modern Television Act of 2021''. AGREEMENTS FOR CARRIAGE OF BROADCAST PROGRAMMING. 3. 325(b)). 325(e)). 612). (2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. 545) is amended-- (A) in subsection (c)-- (i) by striking ``rearrange, replace,'' and inserting ``replace''; (ii) in paragraph (1), by striking ``; or'' and inserting a period; (iii) by striking paragraph (2); and (iv) by striking ``franchise if--'' and all that follows through ``such service is no longer'' and inserting ``franchise if such service is no longer''; and (B) in subsection (d), by striking ``, if the rates'' and all that follows and inserting a period. 4. BINDING ARBITRATION. ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. 5. (a) In General.-- (1) Repeal.--Section 119 of title 17, United States Code, is hereby repealed. ``(15) Satellite carrier.--The term `satellite carrier' means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service or the Direct Broadcast Satellite Service under part 25 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to- multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 (47 U.S.C. 6. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY INTERVENTION. 7. 8. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. SEC. 9. EFFECTIVE DATE.

SHORT TITLE. This Act may be cited as the ``Modern Television Act of 2021''. AGREEMENTS FOR CARRIAGE OF BROADCAST PROGRAMMING. ``(5) Limitation.--The requirements under this subsection do not apply with respect to mandatory carriage of the signal of a television broadcast station that elects mandatory carriage under section 338, 614, or 615. ``(B) Local market.--The term `local market' has the meaning given such term in section 122(j) of title 17, United States Code. (b) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. 3. 151 et seq.) 325(b)). 325(e)). 340). 341). 342). 612). (2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. ``(B) Inclusions.--Such term includes-- ``(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; ``(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and ``(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.''. 545) is amended-- (A) in subsection (c)-- (i) by striking ``rearrange, replace,'' and inserting ``replace''; (ii) in paragraph (1), by striking ``; or'' and inserting a period; (iii) by striking paragraph (2); and (iv) by striking ``franchise if--'' and all that follows through ``such service is no longer'' and inserting ``franchise if such service is no longer''; and (B) in subsection (d), by striking ``, if the rates'' and all that follows and inserting a period. 573) is amended-- (A) in subsection (b)(1)-- (i) in subparagraph (C), by adding ``and'' at the end; and (ii) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (B) in subsection (c)(1)-- (i) in subparagraph (A)-- (I) by striking ``(other than subsection (a) thereof)''; and (II) by striking ``623(f)'' and inserting ``623(b)''; (ii) in subparagraph (B), by striking ``, and section 325 of title III,''; and (iii) in subparagraph (C)-- (I) by striking ``sections 612 and 617'' and inserting ``section 617''; and (II) by striking ``623(f)'' and inserting ``623(b)''. 4. BINDING ARBITRATION. ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. 5. (a) In General.-- (1) Repeal.--Section 119 of title 17, United States Code, is hereby repealed. ``(15) Satellite carrier.--The term `satellite carrier' means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service or the Direct Broadcast Satellite Service under part 25 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to- multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 (47 U.S.C. 6. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY INTERVENTION. 7. REPORT. ``(2) Determination by commission.--The Commission shall determine under the study described in paragraph (1) if the totality of the measurements described in such paragraph present a net positive, net negative, or indeterminate impact to consumers and to the marketplace. 8. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. SEC. 9. EFFECTIVE DATE.

SHORT TITLE. This Act may be cited as the ``Modern Television Act of 2021''. AGREEMENTS FOR CARRIAGE OF BROADCAST PROGRAMMING. ``(5) Limitation.--The requirements under this subsection do not apply with respect to mandatory carriage of the signal of a television broadcast station that elects mandatory carriage under section 338, 614, or 615. ``(B) Local market.--The term `local market' has the meaning given such term in section 122(j) of title 17, United States Code. ``(E) Qualified mvpd buying group.--The term `qualified MVPD buying group' means an entity that, with respect to a negotiation with a large station group for retransmission consent under this section-- ``(i) negotiates on behalf of two or more multichannel video programming distributors-- ``(I) none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and ``(II) that do not collectively serve more than 25 percent of all households served by multichannel video programming distributors in any single local market in which the applicable large station group operates; and ``(ii) negotiates agreements for such retransmission consent-- ``(I) that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and ``(II) under which the entity assumes liability to remit to the applicable large station group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates. (b) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. 3. 151 et seq.) 325(b)). 325(e)). 340). 341). 342). 612). (2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. ``(B) Inclusions.--Such term includes-- ``(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; ``(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and ``(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.''. 545) is amended-- (A) in subsection (c)-- (i) by striking ``rearrange, replace,'' and inserting ``replace''; (ii) in paragraph (1), by striking ``; or'' and inserting a period; (iii) by striking paragraph (2); and (iv) by striking ``franchise if--'' and all that follows through ``such service is no longer'' and inserting ``franchise if such service is no longer''; and (B) in subsection (d), by striking ``, if the rates'' and all that follows and inserting a period. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. 573) is amended-- (A) in subsection (b)(1)-- (i) in subparagraph (C), by adding ``and'' at the end; and (ii) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (B) in subsection (c)(1)-- (i) in subparagraph (A)-- (I) by striking ``(other than subsection (a) thereof)''; and (II) by striking ``623(f)'' and inserting ``623(b)''; (ii) in subparagraph (B), by striking ``, and section 325 of title III,''; and (iii) in subparagraph (C)-- (I) by striking ``sections 612 and 617'' and inserting ``section 617''; and (II) by striking ``623(f)'' and inserting ``623(b)''. 4. BINDING ARBITRATION. ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. 5. (a) In General.-- (1) Repeal.--Section 119 of title 17, United States Code, is hereby repealed. ``(15) Satellite carrier.--The term `satellite carrier' means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service or the Direct Broadcast Satellite Service under part 25 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to- multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 (47 U.S.C. (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; (D) by inserting after paragraph (4), the following: ``(5) Non-network station.--The term `non-network station' means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier. 6. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY INTERVENTION. 7. REPORT. ``(2) Determination by commission.--The Commission shall determine under the study described in paragraph (1) if the totality of the measurements described in such paragraph present a net positive, net negative, or indeterminate impact to consumers and to the marketplace. 8. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. SEC. 9. EFFECTIVE DATE.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. a) Agreements for Carriage of Broadcast Programming.--Section 325 of the Communications Act of 1934 (47 U.S.C. ``(4) Prohibition on requiring certain payments.--Not later than 90 days after the date of the enactment of the Modern Television Act of 2021, the Commission shall, by regulation, prohibit a television broadcast station from requiring payment, either directly or indirectly, from a multichannel video programming distributor for customers of the multichannel video programming distributor who do not receive the signals of the television broadcast station from that distributor. ``(5) Limitation.--The requirements under this subsection do not apply with respect to mandatory carriage of the signal of a television broadcast station that elects mandatory carriage under section 338, 614, or 615. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ``(F) Television broadcast station.--The term `television broadcast station' means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.''. ( b) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE UNDER THE COMMUNICATIONS ACT OF 1934. ( a) Repeal.--The following sections of the Communications Act of 1934 (47 U.S.C. 151 et seq.) 4) Section 340 (47 U.S.C. 340). ( 2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. c) Conforming Amendments.-- (1) Section 343.--Section 343 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. ( 2) Section 615.--Section 615 of the Communications Act of 1934 (47 U.S.C. ``(B) Inclusions.--Such term includes-- ``(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; ``(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and ``(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.''. ( 3) Section 621.--Section 621(b)(3)(D) of the Communications Act of 1934 (47 U.S.C. 541(b)(3)(D)) is amended by striking ``sections 611 and 612'' and inserting ``section 611''. ( (5) Section 625.--Section 625 of the Communications Act of 1934 (47 U.S.C. 545) is amended-- (A) in subsection (c)-- (i) by striking ``rearrange, replace,'' and inserting ``replace''; (ii) in paragraph (1), by striking ``; or'' and inserting a period; (iii) by striking paragraph (2); and (iv) by striking ``franchise if--'' and all that follows through ``such service is no longer'' and inserting ``franchise if such service is no longer''; and (B) in subsection (d), by striking ``, if the rates'' and all that follows and inserting a period. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. a) In General.-- (1) Repeal.--Section 119 of title 17, United States Code, is hereby repealed. ( other than for private home viewing.''. (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; (D) by inserting after paragraph (4), the following: ``(5) Non-network station.--The term `non-network station' means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier. ''; and (E) in paragraph (8), as so redesignated-- (i) in the heading, by striking ``Television broadcast station'' and inserting ``Qualified television broadcast station''; (ii) in subparagraph (A), by inserting ``, that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934'' after ``Regulations''; and (iii) in subparagraph (B)-- (I) by inserting ``that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934,'' after ``Mexico''; and (II) by striking ``as defined in section 119(d)(2)(A)''. ( ''; (2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; ``(2) Determination by commission.--The Commission shall determine under the study described in paragraph (1) if the totality of the measurements described in such paragraph present a net positive, net negative, or indeterminate impact to consumers and to the marketplace. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. This Act may be cited as the ``Modern Television Act of 2021''. ``(4) Prohibition on requiring certain payments.--Not later than 90 days after the date of the enactment of the Modern Television Act of 2021, the Commission shall, by regulation, prohibit a television broadcast station from requiring payment, either directly or indirectly, from a multichannel video programming distributor for customers of the multichannel video programming distributor who do not receive the signals of the television broadcast station from that distributor. ``(5) Limitation.--The requirements under this subsection do not apply with respect to mandatory carriage of the signal of a television broadcast station that elects mandatory carriage under section 338, 614, or 615. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ``(F) Television broadcast station.--The term `television broadcast station' means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.''. ( 2) Section 325(e) (47 U.S.C. 325(e)). ( 5) Section 341 (47 U.S.C. 341). ( 2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. c) Conforming Amendments.-- (1) Section 343.--Section 343 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. ( 3) Section 621.--Section 621(b)(3)(D) of the Communications Act of 1934 (47 U.S.C. 541(b)(3)(D)) is amended by striking ``sections 611 and 612'' and inserting ``section 611''. (4) Section 622.--Section 622(c) of the Communications Act of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to section 623''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. REPEAL OF REGULATORY INTERVENTION IN THE COPYRIGHT ACT. ( (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; (D) by inserting after paragraph (4), the following: ``(5) Non-network station.--The term `non-network station' means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier. ''; 2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. The Federal Communications Commission shall take all actions necessary to-- (1) repeal section 73.658 of the Commission's rules (47 CFR 73.658); (2) repeal subpart F of part 76 of the Commission's rules; and (3) modify subpart S of part 76 of the Commission's rules by eliminating any requirements relating to network nonduplication and syndicated exclusivity for open video systems. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; ``(3) Definitions.--In this subsection, the terms `video programming' and `multichannel video programming distributor' have the meaning given those terms in section 602.''. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. This Act may be cited as the ``Modern Television Act of 2021''. ``(4) Prohibition on requiring certain payments.--Not later than 90 days after the date of the enactment of the Modern Television Act of 2021, the Commission shall, by regulation, prohibit a television broadcast station from requiring payment, either directly or indirectly, from a multichannel video programming distributor for customers of the multichannel video programming distributor who do not receive the signals of the television broadcast station from that distributor. ``(5) Limitation.--The requirements under this subsection do not apply with respect to mandatory carriage of the signal of a television broadcast station that elects mandatory carriage under section 338, 614, or 615. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ``(F) Television broadcast station.--The term `television broadcast station' means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.''. ( 2) Section 325(e) (47 U.S.C. 325(e)). ( 5) Section 341 (47 U.S.C. 341). ( 2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. c) Conforming Amendments.-- (1) Section 343.--Section 343 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. ( 3) Section 621.--Section 621(b)(3)(D) of the Communications Act of 1934 (47 U.S.C. 541(b)(3)(D)) is amended by striking ``sections 611 and 612'' and inserting ``section 611''. (4) Section 622.--Section 622(c) of the Communications Act of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to section 623''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. REPEAL OF REGULATORY INTERVENTION IN THE COPYRIGHT ACT. ( (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; (D) by inserting after paragraph (4), the following: ``(5) Non-network station.--The term `non-network station' means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier. ''; 2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. The Federal Communications Commission shall take all actions necessary to-- (1) repeal section 73.658 of the Commission's rules (47 CFR 73.658); (2) repeal subpart F of part 76 of the Commission's rules; and (3) modify subpart S of part 76 of the Commission's rules by eliminating any requirements relating to network nonduplication and syndicated exclusivity for open video systems. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; ``(3) Definitions.--In this subsection, the terms `video programming' and `multichannel video programming distributor' have the meaning given those terms in section 602.''. If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ``(F) Television broadcast station.--The term `television broadcast station' means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.''. ( 2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. c) Conforming Amendments.-- (1) Section 343.--Section 343 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. ( ``(B) Inclusions.--Such term includes-- ``(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; ``(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and ``(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. and (E) in paragraph (8), as so redesignated-- (i) in the heading, by striking ``Television broadcast station'' and inserting ``Qualified television broadcast station''; (ii) in subparagraph (A), by inserting ``, that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934'' after ``Regulations''; and (iii) in subparagraph (B)-- (I) by inserting ``that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934,'' after ``Mexico''; and (II) by striking ``as defined in section 119(d)(2)(A)''. ( ''; (2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. (4) Section 622.--Section 622(c) of the Communications Act of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to section 623''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; ``(3) Definitions.--In this subsection, the terms `video programming' and `multichannel video programming distributor' have the meaning given those terms in section 602.''.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ``(F) Television broadcast station.--The term `television broadcast station' means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.''. ( 2) Section 623.--Section 623 of the Communications Act of 1934 (47 U.S.C. c) Conforming Amendments.-- (1) Section 343.--Section 343 of the Communications Act of 1934 (47 U.S.C. 343) is redesignated as section 339 of such Act. ( ``(B) Inclusions.--Such term includes-- ``(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; ``(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and ``(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( ``(2) Definitions.--In this subsection, the terms `large station group', `marketplace agreement', `multichannel video programming distributor', `qualified MVPD buying group', and `television broadcast station' have the meaning given those terms in subsection (f).''. and (E) in paragraph (8), as so redesignated-- (i) in the heading, by striking ``Television broadcast station'' and inserting ``Qualified television broadcast station''; (ii) in subparagraph (A), by inserting ``, that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934'' after ``Regulations''; and (iii) in subparagraph (B)-- (I) by inserting ``that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934,'' after ``Mexico''; and (II) by striking ``as defined in section 119(d)(2)(A)''. ( ''; (2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. (4) Section 622.--Section 622(c) of the Communications Act of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to section 623''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; ``(3) Definitions.--In this subsection, the terms `video programming' and `multichannel video programming distributor' have the meaning given those terms in section 602.''.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ( ``(B) Inclusions.--Such term includes-- ``(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; ``(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and ``(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( ( ''; (2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. '';

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. (4) Section 622.--Section 622(c) of the Communications Act of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to section 623''. ( 7) Section 638.--Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ``governmental use or on any other channel obtained under section 612 or under similar arrangements'' and inserting ``or governmental use''. ( 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. ''; ``(3) Definitions.--In this subsection, the terms `video programming' and `multichannel video programming distributor' have the meaning given those terms in section 602.''.

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes. ``(C) Marketplace agreement.--The term `marketplace agreement' means an agreement, or agreements, for-- ``(i) the exclusive right under section 106 of title 17, United States Code, to transmit a performance or display of a work embodied in primary transmission (as defined in section 111(f) of such title) of a television broadcast station and the royalty fee payable; or ``(ii) retransmission consent under subsection (b), as in effect before the repeal made by the Modern Television Act of 2021. ( ( ( ''; (2) in section 708(a)(10), by striking ``119 or''; (3) in section 801-- (A) in subsection (b)(1), by striking ``119,''; and (B) by striking ``, 119,'' each place it appears; (4) in section 803-- (A) in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking ``, 119''; (B) in subsection (d)(2)(C)(i), by striking ``, 119''; (C) in subsection (e)(2), by striking ``118, or 119'' and inserting ``or 118''; and (5) in section 804-- (A) in subsection (a), by striking ``, 119''; and (B) in subsection (b)(8), by striking ``, 119,''. Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if the Commission determines under subsection (e)(2) that the totality of the measurements have presented a net negative impact in the two years preceding the report, include specific policies to improve market functioning. '';

This bill modifies provisions of the Federal Communications Commission (FCC) relating to the carriage of television broadcast signals. Specifically, the bill requires the FCC to (1) require a television broadcast signal to be in operation for at least 90 days before the FCC may issue an agreement for carriage, and (2) require an agreement to be entered into within 90 days of the FCC issuing such an agreement. The FCC must also establish an interagency working group to develop and implement a plan to implement the bill's provisions.

This bill modifies provisions of the Federal Communications Commission (FCC) relating to the carriage of television broadcast signals. Specifically, the bill requires the FCC to require a television broadcast station and multichannel video programming distributor (and any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of such station) to negotiate in good faith in any effort to reach such an agreement. The FCC must also prohibit a broadcast station from coordinating negotiations or negotiating on a joint basis with another television station in the same market unless the two stations are directly or indirectly controlled by the same entity.

This bill modifies provisions related to the carriage of broadcast television programming. Specifically, the bill (1) requires the Federal Communications Commission (FCC) to enter into an agreement with a large station group, a multichannel video programming distributor (MVPD), or a qualified MVPD buying group (i.e., an entity that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution of television station signals, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934; and (2) allows the FCC

This bill modifies provisions related to the carriage of broadcast programming. Specifically, the bill (1) requires the Federal Communications Commission (FCC) to enter into an agreement with a local television station to arrange, replace, or replace broadcast programming in a local market; and (2) establishes a mechanism for the FCC to arbitrate the carriage rates of broadcast programs.

This bill repeals certain requirements for the carriage of television programming. Specifically, the bill eliminates the requirement for the Federal Communications Commission (FCC) to require the mandatory carriage of a television broadcast station's signal if the station elects mandatory carriage. The bill also repeals the requirement that the FCC establish and operate a channel of communications for point-to-multipoint distribution of television station signals, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 (commonly referred to as the tariff).

This bill modifies the requirements for mandatory carriage of a television broadcast station's signal. Specifically, the bill requires a multichannel video programming distributor (MVPD) that negotiates with a large station group for retransmission consent to (1) negotiate on behalf of two or more MVPDs that collectively serve more than 500,000 subscribers nationally, and (2) negotiate agreements for such consent that contain standardized contract provisions, including billing structures and technical quality standards, for each MVPD on whose behalf the entity negotiates; and (3) assume liability to remit all fees received from the M

This bill repeals certain provisions of the Federal Communications Commission (FCC) relating to the carriage of television broadcast signals. Specifically, the bill prohibits a television broadcast station from requiring payment, either directly or indirectly, from a multichannel video programming distributor (MVPD) for customers who do not receive the signals of the station from that distributor. The bill also prohibits the FCC from requiring a large station group or a qualified MVPD buying group to pay a royalty fee or retransmission consent for the broadcast of a broadcast signal.

This bill repeals certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations related to the mandatory carriage of television broadcast signals. Specifically, the bill eliminates the requirement for the Federal Communications Commission (FCC) to issue a license for a commercial or noncommercial television broadcast station that elects mandatory carriage. The bill also repeals the requirement that the FCC issue licenses for a large station group, a multichannel video programming distributor (MVPD), or a qualified MVPD buying group.

To repeal certain provisions of the Communications Act of 1934, title                 The Modern Television Act of 2021 (the “Modern Television Act”), and to amend section 325 of Title                 of the United States Code, and certain regulations, to allow for �                                                                   , and to authorize the Commission to promulgate regulations for the carriage of television broadcast signals, and for other �                                   

Energy

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Use Stocks, Stop Russia Act of 2022''. SEC. 2. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. (a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). (b) Removal.--The President may remove the prohibition under subsection (a) with respect to petroleum products described in such subsection if the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. SEC. 3. KEYSTONE XL PIPELINE. (a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). SEC. 4. SENSE OF CONGRESS REGARDING DOMESTIC ETHANOL AND OTHER FUELS. It is the sense of Congress that the United States-- (1) can use domestically produced energy, including renewable energy, to meet the current demand for energy in the United States; and (2) should prioritize the use of available inventories and surpluses of fossil fuel and ethanol in the United States before using fossil fuel and ethanol that is imported from foreign countries. SEC. 5. PROHIBITION ON DRAWDOWN AND SALE OF PETROLEUM PRODUCTS FROM THE STRATEGIC PETROLEUM RESERVE. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited. <all>

This bill places a temporary ban on (1) the importation of petroleum products from Russia, and (2) the drawdown and sale of petroleum products from the Strategic Petroleum Reserve. In addition, it approves the TransCanada Keystone Pipeline. Specifically, the bill requires the President to ban the importation of petroleum products from Russia until all hostile Russian troops have been withdrawn from Ukraine. The bill also requires the President to ban the drawdown and sale of petroleum products from the Strategic Petroleum Reserve until such troops have withdrawn. Finally, the bill approves the Keystone Pipeline in Phillips County, Montana for the import of oil from Canada to the United States.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Use Stocks, Stop Russia Act of 2022''. SEC. 2. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. (a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). (b) Removal.--The President may remove the prohibition under subsection (a) with respect to petroleum products described in such subsection if the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. SEC. 3. KEYSTONE XL PIPELINE. (a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). SEC. 4. SENSE OF CONGRESS REGARDING DOMESTIC ETHANOL AND OTHER FUELS. It is the sense of Congress that the United States-- (1) can use domestically produced energy, including renewable energy, to meet the current demand for energy in the United States; and (2) should prioritize the use of available inventories and surpluses of fossil fuel and ethanol in the United States before using fossil fuel and ethanol that is imported from foreign countries. SEC. 5. PROHIBITION ON DRAWDOWN AND SALE OF PETROLEUM PRODUCTS FROM THE STRATEGIC PETROLEUM RESERVE. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Use Stocks, Stop Russia Act of 2022''. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. (a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). (b) Removal.--The President may remove the prohibition under subsection (a) with respect to petroleum products described in such subsection if the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. 3. KEYSTONE XL PIPELINE. (a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). 4. SENSE OF CONGRESS REGARDING DOMESTIC ETHANOL AND OTHER FUELS. It is the sense of Congress that the United States-- (1) can use domestically produced energy, including renewable energy, to meet the current demand for energy in the United States; and (2) should prioritize the use of available inventories and surpluses of fossil fuel and ethanol in the United States before using fossil fuel and ethanol that is imported from foreign countries. SEC. 5. PROHIBITION ON DRAWDOWN AND SALE OF PETROLEUM PRODUCTS FROM THE STRATEGIC PETROLEUM RESERVE. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Use Stocks, Stop Russia Act of 2022''. SEC. 2. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. (a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). (b) Removal.--The President may remove the prohibition under subsection (a) with respect to petroleum products described in such subsection if the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. SEC. 3. KEYSTONE XL PIPELINE. (a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). SEC. 4. SENSE OF CONGRESS REGARDING DOMESTIC ETHANOL AND OTHER FUELS. It is the sense of Congress that the United States-- (1) can use domestically produced energy, including renewable energy, to meet the current demand for energy in the United States; and (2) should prioritize the use of available inventories and surpluses of fossil fuel and ethanol in the United States before using fossil fuel and ethanol that is imported from foreign countries. SEC. 5. PROHIBITION ON DRAWDOWN AND SALE OF PETROLEUM PRODUCTS FROM THE STRATEGIC PETROLEUM RESERVE. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited. <all>

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Use Stocks, Stop Russia Act of 2022''. SEC. 2. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. (a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). (b) Removal.--The President may remove the prohibition under subsection (a) with respect to petroleum products described in such subsection if the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. SEC. 3. KEYSTONE XL PIPELINE. (a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). SEC. 4. SENSE OF CONGRESS REGARDING DOMESTIC ETHANOL AND OTHER FUELS. It is the sense of Congress that the United States-- (1) can use domestically produced energy, including renewable energy, to meet the current demand for energy in the United States; and (2) should prioritize the use of available inventories and surpluses of fossil fuel and ethanol in the United States before using fossil fuel and ethanol that is imported from foreign countries. SEC. 5. PROHIBITION ON DRAWDOWN AND SALE OF PETROLEUM PRODUCTS FROM THE STRATEGIC PETROLEUM RESERVE. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited. <all>

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). ( (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. ( a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. ( a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). ( (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. ( a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). ( (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. ( a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). ( (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. PROHIBITION ON IMPORTATION OF RUSSIAN PETROLEUM PRODUCTS. ( a) Authorization.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

To prohibit the importation of all petroleum products originating from Russia into the United States, and for other purposes. a) Prohibition.--The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule). ( (b) Presidential Permits.--No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in paragraph (1). Notwithstanding any other provision of law, during the period that begins on the date of enactment of this Act and ends on the date the President determines that all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine, the drawdown and sale of petroleum products from the Strategic Petroleum Reserve is prohibited.

This bill requires the President to prohibit the importation of all petroleum products originating from Russia into the customs territory of the United States. The President may remove this prohibition if all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine.

This bill requires the President to prohibit the importation of all petroleum products originating from Russia into the customs territory of the United States and prohibits the drawdown and sale of petroleum products from the Strategic Petroleum Reserve. The President may remove the prohibition if all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine.

This bill prohibits the importation of petroleum products originating from Russia into the United States. The President may remove this prohibition if all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. The bill also prohibits the drawdown and sale of petroleum from the Strategic Petroleum Reserve.

This bill requires the President to prohibit the importation of all petroleum products originating from Russia into the United States. The President may remove the prohibition if all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. The bill also prohibits the drawdown and sale of petroleum products from the Strategic Petroleum Reserve.

This bill requires the President to prohibit the importation of all petroleum products originating from Russia into the customs territory of the United States. The President may remove the prohibition if all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. The bill also prohibits the drawdown and sale of petroleum products from the Strategic Petroleum Reserve.

This bill prohibits the importation of petroleum products originating from Russia into the United States until all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. The President may remove the prohibition with respect to petroleum products if the President determines that all such troops are gone. The bill also prohibits the drawdown and sale of petroleum from the Strategic Petroleum Reserve.

This bill prohibits the importation of all petroleum products originating from Russia into the United States. The bill also prohibits the drawdown and sale of petroleum products from the Strategic Petroleum Reserve until all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine.

This bill prohibits the importation of all petroleum products originating from Russia into the United States and prohibits the drawdown and sale of petroleum products from the Strategic Petroleum Reserve until all hostile Russian troops have been withdrawn from areas under the sovereignty of Ukraine. No presidential permit or other executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in this bill.

To prohibit the importation of all petroleum products originating from                 простийских последовательный полодовического деказания формациющицех хффишейхгохребахи�

Environmental Protection

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Undertake Environmental Land Stewardship Act'' or the ``FUELS Act''. SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE. Section 1049 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), by striking ``20,000'' and inserting ``42,000''; (B) by amending paragraph (2)(A) to read as follows: ``(A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and''; (C) in paragraph (3)-- (i) by amending subparagraph (A) to read as follows: ``(A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and''; and (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (D) by striking paragraph (4); (2) in subsection (c)(2)(A)-- (A) in clause (i), by striking ``1,000'' and inserting ``1,320''; and (B) in clause (ii), by striking ``2,500'' and inserting ``3,000''; and (3) by striking subsection (d). <all>

This bill increases thresholds for requiring a farm to have a plan to address oil spills. Currently, regulations require a farm to have an oil spill control and prevention plan that is certified by a professional engineer if the farm's aboveground oil storage capacity is above a certain threshold or if the farm has a reportable oil discharge history. A farm with lower aboveground storage capacity and no reportable history is either allowed to self-certify its plan or not required to have a plan at all, depending on the farm's storage capacity. Under the bill, the Environmental Protection Agency must require a farm to have a professionally certified plan if the farm has an aggregate aboveground oil storage capacity of 40,000 gallons or more, whereas the current threshold is 20,000 gallons. The bill also raises the aggregate capacity thresholds at which a farm with no reportable oil discharge history may self-certify its plan or is not required to have a plan. The bill also limits when a farm's aboveground oil storage containers on separate parcels shall count toward the farm's oil storage capacity for the purposes of these thresholds.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Undertake Environmental Land Stewardship Act'' or the ``FUELS Act''. SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE. Section 1049 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), by striking ``20,000'' and inserting ``42,000''; (B) by amending paragraph (2)(A) to read as follows: ``(A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and''; (C) in paragraph (3)-- (i) by amending subparagraph (A) to read as follows: ``(A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and''; and (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (D) by striking paragraph (4); (2) in subsection (c)(2)(A)-- (A) in clause (i), by striking ``1,000'' and inserting ``1,320''; and (B) in clause (ii), by striking ``2,500'' and inserting ``3,000''; and (3) by striking subsection (d). <all>

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Undertake Environmental Land Stewardship Act'' or the ``FUELS Act''. SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE. Section 1049 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), by striking ``20,000'' and inserting ``42,000''; (B) by amending paragraph (2)(A) to read as follows: ``(A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and''; (C) in paragraph (3)-- (i) by amending subparagraph (A) to read as follows: ``(A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and''; and (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (D) by striking paragraph (4); (2) in subsection (c)(2)(A)-- (A) in clause (i), by striking ``1,000'' and inserting ``1,320''; and (B) in clause (ii), by striking ``2,500'' and inserting ``3,000''; and (3) by striking subsection (d). <all>

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Undertake Environmental Land Stewardship Act'' or the ``FUELS Act''. SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE. Section 1049 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), by striking ``20,000'' and inserting ``42,000''; (B) by amending paragraph (2)(A) to read as follows: ``(A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and''; (C) in paragraph (3)-- (i) by amending subparagraph (A) to read as follows: ``(A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and''; and (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (D) by striking paragraph (4); (2) in subsection (c)(2)(A)-- (A) in clause (i), by striking ``1,000'' and inserting ``1,320''; and (B) in clause (ii), by striking ``2,500'' and inserting ``3,000''; and (3) by striking subsection (d). <all>

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Undertake Environmental Land Stewardship Act'' or the ``FUELS Act''. SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE. Section 1049 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), by striking ``20,000'' and inserting ``42,000''; (B) by amending paragraph (2)(A) to read as follows: ``(A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and''; (C) in paragraph (3)-- (i) by amending subparagraph (A) to read as follows: ``(A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and''; and (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (D) by striking paragraph (4); (2) in subsection (c)(2)(A)-- (A) in clause (i), by striking ``1,000'' and inserting ``1,320''; and (B) in clause (ii), by striking ``2,500'' and inserting ``3,000''; and (3) by striking subsection (d). <all>

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

This bill expands the applicability of the Spill Prevention, Control, and Countermeasure rule to certain farms that have aggregate aboveground storage capacity greater than 10,000 gallons but less than 42 million gallons.

This bill expands the applicability of the Spill Prevention, Control, and Countermeasure rule to certain farms with aggregate aboveground storage capacity of less than or equal to 10,000 gallons.

This bill modifies the application of the Spill Prevention, Control, and Countermeasure rule to certain farms with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons.

This bill expands the applicability of the Spill Prevention, Control, and Countermeasure rule to farms with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons.

This bill expands the applicability of the Spill Prevention, Control, and Countermeasure rule to certain farms with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons.

This bill expands the scope of the Spill Prevention, Control, and Countermeasure rule to include certain farms with an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000.

This bill expands the applicability of the Spill Prevention, Control, and Countermeasure rule to certain farms.

This bill expands the applicability of the Spill Prevention, Control, and Countermeasure rule to certain farms.

To amend the Water Resources Reform and Development Act of 2014 with                 respect to the application of the Spill Prevention, Control, and                                                and to make certain provisions of this Act applicable to certain farms, and for other purposes.▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬▬ু▬▬▬▬░▬▬▬▬░░░░░░░▬▬▬▬▬▬▬░▬▬▬░░░▬▬Â ▬▬▬ ▬▬ ▬ ▬▬░ ▬▬▬ ▬░░░ ▬▬

Energy

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthier and Greener Schools Act of 2021''. SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES. (a) Definitions.--In this section: (1) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (2) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) 1 local educational agency; and (B) 1 or more-- (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. (3) Energy improvement.--The term ``energy improvement'' means-- (A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building; (B) any improvement, repair, or renovation to, or installation in, a school that leads to an improvement in teacher and student health, including indoor air quality, daylighting, ventilation, electrical lighting, windows, roofing (including green roofs), outdoor gardens, and acoustics; (C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies (such as wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, and hydropower); and (D) the installation of zero-emissions vehicle infrastructure on school grounds for-- (i) exclusive use of school buses, school fleets, staff, faculty, or students; or (ii) the general public. (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. (5) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. (9) Zero-emissions vehicle infrastructure.--The term ``zero-emissions vehicle infrastructure'' means infrastructure used to charge or fuel-- (A) a zero-emission vehicle (as defined in section 88.102-94 of title 40, Code of Federal Regulations (or successor regulation)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational mode or condition. (b) Grants.--The Secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section. (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--The application submitted under paragraph (1) shall include each of the following: (A) A needs assessment of the current condition of the school and school facilities that will receive the energy improvements. (B) A draft work plan of the intended achievements of the eligible entity at the school. (C) A description of the energy improvements that the eligible entity will carry out at the school. (D) A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C). (E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. (F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. (G) A cost estimate of the proposed energy improvements. (H) An identification of other resources that are available to carry out the activities for which grant funds are requested under this section, including the availability of utility programs and public benefit funds. (d) Priority.-- (1) In general.--In awarding grants under this section, the Secretary shall give priority to an eligible entity that-- (A) serves students the majority of whom are located in-- (i) an environmental justice community; or (ii) a community that is affected by a natural or man-made disaster; (B) has renovation, repair, and improvement funding needs; and (C)(i) as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census. (2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. (e) Competitive Criteria.--The competitive criteria used by the Secretary to award grants under this section shall include the following: (1) The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local educational agency for those energy improvements, including consideration of-- (A) the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, modernization, and major repair projects for schools; (B) the ability of the partnering local educational agency to issue bonds or receive other funds to support the current infrastructure needs of the partnering local educational agency for schools; and (C) the bond rating of the partnering local educational agency. (2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. (3) The potential energy efficiency, greenhouse gas reduction, resilience, and safety benefits from the proposed energy improvements. (f) Use of Grant Amounts.-- (1) In general.--Except as provided in this subsection, an eligible entity receiving a grant under this section shall use the grant amounts only to make the energy improvements described in the application submitted by the eligible entity under subsection (c). (2) Additional funds.--An eligible entity receiving a grant under this section may combine the grant with additional funds, including other Federal funds, State or local funds, and private funds (including any private funds provided in an energy saving performance contract), provided that the eligible entity meets any requirements the Secretary may establish relating to tracking and reporting use of grant funds separately from such additional funds. (3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. (g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. (h) Best Practices.--The Secretary shall develop and publish guidelines and best practices for activities carried out under this section. (i) Report by Eligible Entity.--An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing-- (1) the use of the grant funds for energy improvements; (2) the estimated cost savings realized by those energy improvements; (3) the results of any third-party investigation and analysis conducted relating to those energy improvements; (4) the use of any utility programs and public benefit funds; and (5) the use of performance tracking for energy improvements, such as the Energy Star program established under section 324A or the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for operations and maintenance. (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. <all>

This bill establishes a program under which the Department of Energy must award grants for energy improvements (e.g., renovations to install energy efficiency or renewable energy technologies, repairs to improve indoor air quality, or purchases of zero-emission vehicles) at public school facilities.

2. (B) African American. (3) Energy improvement.--The term ``energy improvement'' means-- (A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building; (B) any improvement, repair, or renovation to, or installation in, a school that leads to an improvement in teacher and student health, including indoor air quality, daylighting, ventilation, electrical lighting, windows, roofing (including green roofs), outdoor gardens, and acoustics; (C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies (such as wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, and hydropower); and (D) the installation of zero-emissions vehicle infrastructure on school grounds for-- (i) exclusive use of school buses, school fleets, staff, faculty, or students; or (ii) the general public. (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. (7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. (9) Zero-emissions vehicle infrastructure.--The term ``zero-emissions vehicle infrastructure'' means infrastructure used to charge or fuel-- (A) a zero-emission vehicle (as defined in section 88.102-94 of title 40, Code of Federal Regulations (or successor regulation)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational mode or condition. (C) A description of the energy improvements that the eligible entity will carry out at the school. (2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. (2) Additional funds.--An eligible entity receiving a grant under this section may combine the grant with additional funds, including other Federal funds, State or local funds, and private funds (including any private funds provided in an energy saving performance contract), provided that the eligible entity meets any requirements the Secretary may establish relating to tracking and reporting use of grant funds separately from such additional funds. (3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training.

2. (B) African American. (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. (7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. (9) Zero-emissions vehicle infrastructure.--The term ``zero-emissions vehicle infrastructure'' means infrastructure used to charge or fuel-- (A) a zero-emission vehicle (as defined in section 88.102-94 of title 40, Code of Federal Regulations (or successor regulation)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational mode or condition. (C) A description of the energy improvements that the eligible entity will carry out at the school. (2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. (2) Additional funds.--An eligible entity receiving a grant under this section may combine the grant with additional funds, including other Federal funds, State or local funds, and private funds (including any private funds provided in an energy saving performance contract), provided that the eligible entity meets any requirements the Secretary may establish relating to tracking and reporting use of grant funds separately from such additional funds. (3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training.

This Act may be cited as the ``Healthier and Greener Schools Act of 2021''. SEC. 2. (B) African American. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Energy improvement.--The term ``energy improvement'' means-- (A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building; (B) any improvement, repair, or renovation to, or installation in, a school that leads to an improvement in teacher and student health, including indoor air quality, daylighting, ventilation, electrical lighting, windows, roofing (including green roofs), outdoor gardens, and acoustics; (C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies (such as wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, and hydropower); and (D) the installation of zero-emissions vehicle infrastructure on school grounds for-- (i) exclusive use of school buses, school fleets, staff, faculty, or students; or (ii) the general public. (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. 7801). (7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. (9) Zero-emissions vehicle infrastructure.--The term ``zero-emissions vehicle infrastructure'' means infrastructure used to charge or fuel-- (A) a zero-emission vehicle (as defined in section 88.102-94 of title 40, Code of Federal Regulations (or successor regulation)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational mode or condition. (2) Contents.--The application submitted under paragraph (1) shall include each of the following: (A) A needs assessment of the current condition of the school and school facilities that will receive the energy improvements. (C) A description of the energy improvements that the eligible entity will carry out at the school. 1751 et seq. (2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. (2) Additional funds.--An eligible entity receiving a grant under this section may combine the grant with additional funds, including other Federal funds, State or local funds, and private funds (including any private funds provided in an energy saving performance contract), provided that the eligible entity meets any requirements the Secretary may establish relating to tracking and reporting use of grant funds separately from such additional funds. (3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (h) Best Practices.--The Secretary shall develop and publish guidelines and best practices for activities carried out under this section. (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). 1267; 5 U.S.C. App.) (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Healthier and Greener Schools Act of 2021''. SEC. 2. (B) African American. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Energy improvement.--The term ``energy improvement'' means-- (A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building; (B) any improvement, repair, or renovation to, or installation in, a school that leads to an improvement in teacher and student health, including indoor air quality, daylighting, ventilation, electrical lighting, windows, roofing (including green roofs), outdoor gardens, and acoustics; (C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies (such as wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, and hydropower); and (D) the installation of zero-emissions vehicle infrastructure on school grounds for-- (i) exclusive use of school buses, school fleets, staff, faculty, or students; or (ii) the general public. (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. (5) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. (9) Zero-emissions vehicle infrastructure.--The term ``zero-emissions vehicle infrastructure'' means infrastructure used to charge or fuel-- (A) a zero-emission vehicle (as defined in section 88.102-94 of title 40, Code of Federal Regulations (or successor regulation)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational mode or condition. (2) Contents.--The application submitted under paragraph (1) shall include each of the following: (A) A needs assessment of the current condition of the school and school facilities that will receive the energy improvements. (C) A description of the energy improvements that the eligible entity will carry out at the school. (D) A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C). (F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. 1751 et seq. ); or (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census. (2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. (2) Additional funds.--An eligible entity receiving a grant under this section may combine the grant with additional funds, including other Federal funds, State or local funds, and private funds (including any private funds provided in an energy saving performance contract), provided that the eligible entity meets any requirements the Secretary may establish relating to tracking and reporting use of grant funds separately from such additional funds. (3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. (h) Best Practices.--The Secretary shall develop and publish guidelines and best practices for activities carried out under this section. (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. a) Definitions.--In this section: (1) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (A) Black. ( 4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. ( 5) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. ( (C) A description of the energy improvements that the eligible entity will carry out at the school. ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( ); or (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census. ( 2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. ( (3) The potential energy efficiency, greenhouse gas reduction, resilience, and safety benefits from the proposed energy improvements. ( 4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. ( g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. ( j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 2) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) 1 local educational agency; and (B) 1 or more-- (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. ( (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. ( 6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( B) A draft work plan of the intended achievements of the eligible entity at the school. ( (E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( 2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. ( 3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. ( 5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. ( (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 2) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) 1 local educational agency; and (B) 1 or more-- (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. ( (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. ( 6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( B) A draft work plan of the intended achievements of the eligible entity at the school. ( (E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( 2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. ( 3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. ( 5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. ( (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. a) Definitions.--In this section: (1) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (A) Black. ( 4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. ( 5) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. ( (C) A description of the energy improvements that the eligible entity will carry out at the school. ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( ); or (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census. ( 2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. ( (3) The potential energy efficiency, greenhouse gas reduction, resilience, and safety benefits from the proposed energy improvements. ( 4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. ( g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. ( j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 2) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) 1 local educational agency; and (B) 1 or more-- (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. ( (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. ( 6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( B) A draft work plan of the intended achievements of the eligible entity at the school. ( (E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( 2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. ( 3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. ( 5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. ( (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. a) Definitions.--In this section: (1) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (A) Black. ( 4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. ( 5) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 7) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. ( (C) A description of the energy improvements that the eligible entity will carry out at the school. ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( ); or (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census. ( 2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(C)(i) shall be calculated using data from the schools that feed into the high school. ( (3) The potential energy efficiency, greenhouse gas reduction, resilience, and safety benefits from the proposed energy improvements. ( 4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. ( g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. ( j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 2) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) 1 local educational agency; and (B) 1 or more-- (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. ( (4) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of adverse human health or environmental effects, including with respect to such effects that are the result of pollution or other environmental hazards. ( 6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( B) A draft work plan of the intended achievements of the eligible entity at the school. ( (E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( 2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. ( 3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. ( 5) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. ( (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( ); 4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. ( ( g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. ( j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 2) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) 1 local educational agency; and (B) 1 or more-- (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. ( ( 3) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. ( ( (j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). ( k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026.

To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( ( F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. ( ); 4) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. ( ( g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. ( j) Wage Rate Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (

This bill requires the Department of Energy (DOE) to award grants for energy efficiency improvements and renewable energy improvements at public school facilities. Specifically, DOE must award grants to eligible entities (e.g., states, Indian tribes, and local educational agencies) to (1) improve the energy efficiency of public school buildings, and (2) install energy efficient lighting, heat pumps, and other energy-efficient equipment. DOE must also establish a grant program to provide grants to states and Indian tribes to improve energy efficiency at public schools.

This bill requires the Department of Energy to award grants to local educational agencies (LEAs) and community partners for energy efficiency improvements and renewable energy improvements at public school facilities. Eligible grantees include LEAs, nonprofit organizations, for-profit organizations, or community partners that have the knowledge and capacity to partner and assist with energy improvements.

This bill directs the Department of Energy to award grants to local educational agencies (LEAs) to carry out energy efficiency and renewable energy improvements at public elementary and secondary schools. LEAs must use the funds for energy efficiency, renewable energy, and energy efficiency improvements at schools that serve students who are low-income, African American, Native American, Hispanic, or Native Hawaiian. The LEAs may use up to 5% of the grant amounts for operation and maintenance training and for other energy efficiency-related activities.

This bill requires the Department of Energy to award grants to local educational agencies (LEAs) to carry out energy improvement projects at public elementary and secondary schools that result in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating systems, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building. In addition, the bill requires LEAs to partner with state, local, and tribal educational agencies to install zero-emissions vehicle infrastructure on school grounds for exclusive use of school buses, school fleets, staff

This bill directs the Department of Energy to award grants to local educational agencies for energy efficiency and renewable energy improvements at public elementary and secondary schools.

This bill directs the Department of Energy to award grants to local educational agencies (LEAs) to carry out energy improvement projects at public elementary and secondary schools that result in a direct reduction in school energy costs, improve teacher and student health, and install zero-emissions vehicle infrastructure on school grounds.

This bill requires the Department of Energy to award grants to local educational agencies (LEAs) for energy efficiency and renewable energy improvements at public elementary and secondary schools. Eligible LEAs include LEAs that have the knowledge and capacity to partner and assist with energy improvements.

This bill requires the Department of Energy to award grants to local educational agencies (LEAs) for energy efficiency improvements and renewable energy improvements at public school facilities. LEAs must use grant funds to carry out repair or renovation through a contract, ensure that the contract process ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses, and gives priority to businesses located in, or resources common to, the state or geographical area in which the contract will be carried out.

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Health

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerated Drug Approval for Prescription Therapies 2.0 Act'' or the ``ADAPT 2.0 Act''. SEC. 2. DRUGS APPROVED IN CERTAIN FOREIGN COUNTRIES. (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country.''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``Within'' and inserting ``Except as provided in paragraph (6), within''; and (B) by adding at the end the following: ``(6)(A) In the case of an application that relies on investigations conducted in a foreign country, as described in subsection (b)(7), within 90 days after the filing of such application under subsection (b), the Secretary shall approve the application if the Secretary determines evidence that-- ``(i) at the time of application, the drug is authorized to be marketed in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B); ``(ii) the drug is safe and clinically effective; ``(iii) the manufacturer is capable of manufacturing the drug safely and consistently, and can ensure the safety of the supply chain outside the United States; ``(iv) all relevant United States patents or legal periods of exclusivity are expired; ``(v) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; ``(vi) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and ``(vii) the Secretary finds that none of the grounds for denying approval specified in subsection (d) applies. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(ii) The sponsor submit copies of all promotional materials related to the drug during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to the dissemination of the materials. ``(C) Timeline.--If the Secretary does not approve the application or take such other action within such 90-day period, the application shall be considered approved under this subsection. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. ``(ii) Membership.--The standing Foreign Drug Review Advisory Committee established under clause (i) shall consist of employees of the Food and Drug Administration and individuals appointed by the Secretary, reflecting a balanced composition of sufficient scientific expertise. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(iii) Review of applications.--Upon the filing of an application described in subsection (b)(7)-- ``(I) the Secretary shall immediately refer the application to the Foreign Drug Review Advisory Committee for review; and ``(II) within 60 days after the receipt by such advisory committee of such application, the advisory committee shall provide the Secretary with recommendations with respect to such application. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''. <all>

This bill allows applicants seeking Food and Drug Administration (FDA) approval to market a new drug to rely on investigations conducted in certain other countries and addresses related issues. If an applicant seeks market approval for a new drug with an application that relies on at least one investigation that the applicant did not conduct and did not obtain approval to use, the applicant may rely on an investigation that was conducted in certain foreign countries if the drug in question has already been approved in that country. The investigation must have been conducted in Australia, Canada, Israel, Japan, New Zealand, Switzerland, South Africa, the United Kingdom, the European Union, a country in the European Economic Area, or another country that the FDA has found to meet certain requirements. The FDA must make a decision on such an application within 90 days of the application's filing. If the FDA does not take certain actions within that period, the application shall be considered approved. The FDA may require the applicant to conduct postapproval studies of the drug and to submit copies of all promotional materials. The bill also establishes an advisory committee to provide the FDA with recommendations as to each application that relies on a foreign investigation. The FDA must make available on its public website each decision on such an application, including the rationale for the decision and the advisory committee's recommendations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerated Drug Approval for Prescription Therapies 2.0 Act'' or the ``ADAPT 2.0 Act''. SEC. 2. DRUGS APPROVED IN CERTAIN FOREIGN COUNTRIES. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ``(ii) The sponsor submit copies of all promotional materials related to the drug during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to the dissemination of the materials. ``(ii) Membership.--The standing Foreign Drug Review Advisory Committee established under clause (i) shall consist of employees of the Food and Drug Administration and individuals appointed by the Secretary, reflecting a balanced composition of sufficient scientific expertise. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(iii) Review of applications.--Upon the filing of an application described in subsection (b)(7)-- ``(I) the Secretary shall immediately refer the application to the Foreign Drug Review Advisory Committee for review; and ``(II) within 60 days after the receipt by such advisory committee of such application, the advisory committee shall provide the Secretary with recommendations with respect to such application. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

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. DRUGS APPROVED IN CERTAIN FOREIGN COUNTRIES. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ``(ii) The sponsor submit copies of all promotional materials related to the drug during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to the dissemination of the materials. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(iii) Review of applications.--Upon the filing of an application described in subsection (b)(7)-- ``(I) the Secretary shall immediately refer the application to the Foreign Drug Review Advisory Committee for review; and ``(II) within 60 days after the receipt by such advisory committee of such application, the advisory committee shall provide the Secretary with recommendations with respect to such application. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerated Drug Approval for Prescription Therapies 2.0 Act'' or the ``ADAPT 2.0 Act''. SEC. 2. DRUGS APPROVED IN CERTAIN FOREIGN COUNTRIES. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``Within'' and inserting ``Except as provided in paragraph (6), within''; and (B) by adding at the end the following: ``(6)(A) In the case of an application that relies on investigations conducted in a foreign country, as described in subsection (b)(7), within 90 days after the filing of such application under subsection (b), the Secretary shall approve the application if the Secretary determines evidence that-- ``(i) at the time of application, the drug is authorized to be marketed in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B); ``(ii) the drug is safe and clinically effective; ``(iii) the manufacturer is capable of manufacturing the drug safely and consistently, and can ensure the safety of the supply chain outside the United States; ``(iv) all relevant United States patents or legal periods of exclusivity are expired; ``(v) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; ``(vi) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and ``(vii) the Secretary finds that none of the grounds for denying approval specified in subsection (d) applies. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(ii) The sponsor submit copies of all promotional materials related to the drug during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to the dissemination of the materials. ``(C) Timeline.--If the Secretary does not approve the application or take such other action within such 90-day period, the application shall be considered approved under this subsection. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. ``(ii) Membership.--The standing Foreign Drug Review Advisory Committee established under clause (i) shall consist of employees of the Food and Drug Administration and individuals appointed by the Secretary, reflecting a balanced composition of sufficient scientific expertise. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(iii) Review of applications.--Upon the filing of an application described in subsection (b)(7)-- ``(I) the Secretary shall immediately refer the application to the Foreign Drug Review Advisory Committee for review; and ``(II) within 60 days after the receipt by such advisory committee of such application, the advisory committee shall provide the Secretary with recommendations with respect to such application. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerated Drug Approval for Prescription Therapies 2.0 Act'' or the ``ADAPT 2.0 Act''. SEC. 2. DRUGS APPROVED IN CERTAIN FOREIGN COUNTRIES. (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country.''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``Within'' and inserting ``Except as provided in paragraph (6), within''; and (B) by adding at the end the following: ``(6)(A) In the case of an application that relies on investigations conducted in a foreign country, as described in subsection (b)(7), within 90 days after the filing of such application under subsection (b), the Secretary shall approve the application if the Secretary determines evidence that-- ``(i) at the time of application, the drug is authorized to be marketed in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B); ``(ii) the drug is safe and clinically effective; ``(iii) the manufacturer is capable of manufacturing the drug safely and consistently, and can ensure the safety of the supply chain outside the United States; ``(iv) all relevant United States patents or legal periods of exclusivity are expired; ``(v) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; ``(vi) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and ``(vii) the Secretary finds that none of the grounds for denying approval specified in subsection (d) applies. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(ii) The sponsor submit copies of all promotional materials related to the drug during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to the dissemination of the materials. ``(C) Timeline.--If the Secretary does not approve the application or take such other action within such 90-day period, the application shall be considered approved under this subsection. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. ``(ii) Membership.--The standing Foreign Drug Review Advisory Committee established under clause (i) shall consist of employees of the Food and Drug Administration and individuals appointed by the Secretary, reflecting a balanced composition of sufficient scientific expertise. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(iii) Review of applications.--Upon the filing of an application described in subsection (b)(7)-- ``(I) the Secretary shall immediately refer the application to the Foreign Drug Review Advisory Committee for review; and ``(II) within 60 days after the receipt by such advisory committee of such application, the advisory committee shall provide the Secretary with recommendations with respect to such application. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''. <all>

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ''; ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ''; ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ''; ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ''; ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ''; ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by striking ``or South Africa'' and inserting ``South Africa, or the United Kingdom''.

To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes. a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b), by adding at the end the following: ``(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ``(B) Limitations.--Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: ``(i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. ``(D) Advisory Committee.-- ``(i) Establishment.--For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. ``(E) Publication of Final Decision.--The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii).''. (

This bill authorizes the Food and Drug Administration (FDA) to approve a new drug application that relies on investigations conducted in a foreign country if the drug that is subject to the application has been approved in such country. The FDA must approve the application within 90 days after the filing of the application.

This bill authorizes the Food and Drug Administration (FDA) to approve certain new drug applications that rely on investigations conducted in a foreign country if (1) the drug is authorized to be marketed in that country, (2) it is safe and clinically effective, (3) the manufacturer is capable of manufacturing the drug safely and consistently, and can ensure the safety of the supply chain outside the United States, and (4) all relevant U.S. patents or legal periods of exclusivity are expired.

This bill authorizes the Food and Drug Administration (FDA) to approve a drug that has been approved in South Africa or the United Kingdom if (1) the drug is subject to investigations conducted in such countries, including premarket clinical and nonclinical investigations and postmarket surveillance studies; and (2) the sponsor submit copies of all promotional materials related to the drug during the preapproval review period and, following approval, at least 30 days prior to the dissemination of the materials. The FDA must immediately refer the application to the Foreign Drug Review Advisory Committee for review, and within 60 days after the receipt by the FDA of

This bill authorizes the Food and Drug Administration (FDA) to expedite the review of applications for drugs that have been approved in certain foreign countries. Specifically, the FDA may expedite a review of an application for a drug that is approved in a foreign country if (1) the drug has been investigated in that country, and (2) the sponsor submits copies of all promotional materials related to the drug during the preapproval review period and, following approval and for such period thereafter as the FDA determines to be appropriate, at least 30 days prior to the dissemination of the materials. The FDA must establish a standing

This bill authorizes the Food and Drug Administration (FDA) to expedite the review of applications for drugs that have been approved in certain foreign countries. Specifically, the FDA must approve an application within 90 days if the FDA determines that (1) the drug is authorized to be marketed in such a country, (2) the drugs are safe and clinically effective, (3) the manufacturer is capable of manufacturing the drugs safely and consistently, (4) all relevant U.S. patents or legal periods of exclusivity are expired, (5) the FDA has not rescinded or withdrawn any such approval, and (6

This bill authorizes the Food and Drug Administration (FDA) to approve a drug application that relies on investigations conducted in a foreign country if (1) the drug is authorized to be marketed in that country, (2) it is safe and clinically effective, (3) the manufacturer is capable of manufacturing the drug safely and consistently, and can ensure the safety of the supply chain outside the United States, (4) all relevant U.S. patents or legal periods of exclusivity are expired, (5) the FDA has not rescinded or withdrawn any such approval, and (6) none of the grounds

This bill authorizes the Food and Drug Administration (FDA) to approve certain new drug applications based on investigations conducted in South Africa or the United Kingdom if the drug has been approved in such countries. The FDA must also conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality.

This bill allows a sponsor of a new drug application to rely upon investigations conducted in a country that has been approved by the Food and Drug Administration (FDA). The FDA must establish a standing Foreign Drug Review Advisory Committee to provide expert scientific advice and recommendations regarding the approval of such applications.

To allow sponsors of certain new drug applications to rely upon ¯¯¯¯ investigations conducted in certain foreign countries, and for other ݁ 󾌾 ݂  ݃ ف  ݀ ◄ ݐ ݑ ݜ ݝ � � ݚ (a) and ݛ ́ ̂ ̃ ̀ ̄ ̆ ̅ ̐ ̓ ̎ �

Transportation and Public Works

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Data and Voice Recorder Requirement Act''. SEC. 2. HELICOPTER RECORDERS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44744. Helicopter recorders ``It shall be unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with 1 or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder that meet the requirements of section 91.609 of title 14, Code of Federal Regulations.''. (b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744. Helicopter recorders.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

This bill makes it unlawful for an air carrier to operate a single or multiengine, turbine-powered helicopter with one or more passenger seats and one or more pilots without a flight data recorder and cockpit voice recorder.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Data and Voice Recorder Requirement Act''. SEC. 2. HELICOPTER RECORDERS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44744. Helicopter recorders ``It shall be unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with 1 or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder that meet the requirements of section 91.609 of title 14, Code of Federal Regulations.''. (b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744. Helicopter recorders.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Data and Voice Recorder Requirement Act''. SEC. 2. HELICOPTER RECORDERS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44744. Helicopter recorders ``It shall be unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with 1 or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder that meet the requirements of section 91.609 of title 14, Code of Federal Regulations.''. (b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744. Helicopter recorders.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Data and Voice Recorder Requirement Act''. SEC. 2. HELICOPTER RECORDERS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44744. Helicopter recorders ``It shall be unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with 1 or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder that meet the requirements of section 91.609 of title 14, Code of Federal Regulations.''. (b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744. Helicopter recorders.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Data and Voice Recorder Requirement Act''. SEC. 2. HELICOPTER RECORDERS. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44744. Helicopter recorders ``It shall be unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with 1 or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder that meet the requirements of section 91.609 of title 14, Code of Federal Regulations.''. (b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744. Helicopter recorders.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

To amend title 49, United States Code, to make it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder, and for other purposes. b) Clerical Amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44744.

This bill makes it unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with one or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder.

This bill makes it unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with one or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder.

This bill makes it unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with one or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder.

This bill makes it unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with one or more passenger seats and one pilot without a flight data recorder and cockpit voice recorder that meet the requirements of section 91.609 of the Code of Federal Regulations.

This bill makes it unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with 1 or more passenger seats and one or more pilots without a flight data recorder and cockpit voice recorder.

This bill makes it unlawful for any air carrier to operate a single or multiengine, turbine-powered helicopter with one or more passenger seats and 1 or more pilots without a flight data recorder and cockpit voice recorder.

This bill makes it unlawful for an air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder.

This bill makes it unlawful for any air carrier to operate certain helicopters without a flight data recorder and cockpit voice recorder.

To amend title 49, United States Code, to make it unlawful for any air                 carrier to operate certain helicopters without a flight data recorder                                 , cockpit voice recorder, cockpit data recorder, and cockpit voice recorders that meet the requirements of section 91.609 of title 14, Code                of Federal Regulations, and for other purposes.݁ ݁ (1) IN GENERAL.—This is an Act of the                United States of America in Congress assembled, and it is for the purpose of amending and amending the following sections of the United States

Education

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for 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 ``Youth Mental Health Services Act of 2021''. SEC. 2. SUPPORTING MENTAL HEALTH. (a) State Use of Funds.--Section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; and (2) by adding at the end the following: ``(v) improving the mental health services available to students, which may include-- ``(I) identifying and disseminating best practices for mental health first aid; ``(II) assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools; ``(III) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services; and ``(IV) telehealth services; and''. (b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. (c) Activities To Support the Effective Use of Technology.--Section 4109 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7119) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) providing technology to improve mental health services.''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''. <all>

This bill authorizes state and local educational agencies to use Student Support and Academic Enrichment grants to improve mental health services available to students. Specifically, it allows funds to be used for identifying and disseminating best practices for mental health first aid, emergency planning, coordination of services, and telehealth services.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for 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 ``Youth Mental Health Services Act of 2021''. SEC. 2. SUPPORTING MENTAL HEALTH. (a) State Use of Funds.--Section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; and (2) by adding at the end the following: ``(v) improving the mental health services available to students, which may include-- ``(I) identifying and disseminating best practices for mental health first aid; ``(II) assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools; ``(III) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services; and ``(IV) telehealth services; and''. (b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. (c) Activities To Support the Effective Use of Technology.--Section 4109 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7119) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) providing technology to improve mental health services.''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Mental Health Services Act of 2021''. SEC. 2. SUPPORTING MENTAL HEALTH. (a) State Use of Funds.--Section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; and (2) by adding at the end the following: ``(v) improving the mental health services available to students, which may include-- ``(I) identifying and disseminating best practices for mental health first aid; ``(II) assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools; ``(III) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services; and ``(IV) telehealth services; and''. (b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. (c) Activities To Support the Effective Use of Technology.--Section 4109 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7119) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) providing technology to improve mental health services. ''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for 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 ``Youth Mental Health Services Act of 2021''. SEC. 2. SUPPORTING MENTAL HEALTH. (a) State Use of Funds.--Section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; and (2) by adding at the end the following: ``(v) improving the mental health services available to students, which may include-- ``(I) identifying and disseminating best practices for mental health first aid; ``(II) assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools; ``(III) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services; and ``(IV) telehealth services; and''. (b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. (c) Activities To Support the Effective Use of Technology.--Section 4109 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7119) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) providing technology to improve mental health services.''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''. <all>

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for 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 ``Youth Mental Health Services Act of 2021''. SEC. 2. SUPPORTING MENTAL HEALTH. (a) State Use of Funds.--Section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; and (2) by adding at the end the following: ``(v) improving the mental health services available to students, which may include-- ``(I) identifying and disseminating best practices for mental health first aid; ``(II) assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools; ``(III) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services; and ``(IV) telehealth services; and''. (b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. (c) Activities To Support the Effective Use of Technology.--Section 4109 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7119) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) providing technology to improve mental health services.''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''. <all>

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. This Act may be cited as the ``Youth Mental Health Services Act of 2021''. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( ''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( ''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. This Act may be cited as the ``Youth Mental Health Services Act of 2021''. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( ''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. This Act may be cited as the ``Youth Mental Health Services Act of 2021''. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( ''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. This Act may be cited as the ``Youth Mental Health Services Act of 2021''. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. b) Local Educational Agency Applications.--Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( ''; and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes. This Act may be cited as the ``Youth Mental Health Services Act of 2021''. 7116(e)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: ``(E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and''. ( and (2) in subsection (b)-- (A) by striking ``A local'' and inserting the following: ``(1) In general.--A local''; and (B) by adding at the end the following: ``(2) Exception.--The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services.''.

This bill requires the Department of Education (ED) to award grants to states and local educational agencies (LEAs) for improving the mental health services available to students. Specifically, ED must award grants for (1) identifying and disseminating best practices for mental health first aid; (2) assisting in the establishment or implementation of mental health programs and services; and (3) providing technical assistance to LEAs.

This bill directs the Department of Education (ED) to award grants to states, local educational agencies, and Indian tribes for improving the mental health services available to students. Specifically, ED must award grants for (1) identifying and disseminating best practices for mental health first aid; (2) assisting in the establishment or implementation of emergency planning; (3) establishing or identifying agreements with local health agencies; and (4) providing telehealth services.

This bill expands the use of state and local education funds for mental health services. Specifically, the bill allows states and local educational agencies to use the funds for (1) improving the services available to students, (2) assisting in the establishment or implementation of emergency planning, (3) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services, and (4) telehealth services.

This bill expands the use of state and local education funds to improve mental health services for students. Specifically, the bill allows states and local educational agencies to use the funds for (1) improving the mental health resources available to students, (2) assisting in the establishment or implementation of emergency planning, (3) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services, and (4) telehealth services.

This bill expands the use of state and local education funds for mental health services. Specifically, the bill allows states to use the funds for (1) improving the mental health resources available to students, (2) assisting in the establishment or implementation of emergency planning, (3) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services, and (4) telehealth services.

This bill expands the use of state and local education funds to improve mental health services for students. Specifically, the bill authorizes states and local educational agencies to use the funds for (1) identifying and disseminating best practices for mental health first aid, (2) assisting in the establishment or implementation of emergency planning, (3) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services, and (4) telehealth services.

This bill requires local educational agencies (LEAs) that receive federal student aid to use the funds for mental health services. Specifically, the bill requires LEAs that receive such funds to use such funds for (1) activities related to providing such services, and (2) technology infrastructure that is also used for such services.

This bill requires local educational agencies (LEAs) to report to the Department of Education (ED) on activities related to providing mental health services in elementary and secondary schools. Specifically, LEAs must report on (1) how funds will be used for such activities, and (2) the extent to which technology infrastructure is also used to provide such services.

To amend the Elementary and Secondary Education Act of 1965 to improve                 (a) State Use of Funds.--Section 4104(b)(3)(B) of the Elementary                (e 1) and (c) (e)mental health services for students, and for other purposes; and ``(v) improving the mental health services                                (a) and              (c) for students in the United States of America in Congress assembled,                SECTION 1. SHORT TITLE. SUPPORTING MENTAL HEALTH.

Immigration

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response 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 ``Border Response Resilience Act''. SEC. 2. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. 437. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ``(a) Response Plan.-- ``(1) In general.--The Secretary, in coordination with the heads of appropriate Federal agencies, shall develop a plan to respond to irregular migration at the border that present risks to border security (referred to in this section as the `Response Plan'). ``(2) Elements.--The Response Plan shall include the following: ``(A) The identification of-- ``(i) each agency, component, and office participating in the Response Plan; and ``(ii) the role, chain of command, and responsibilities, including minimum acceptable response times, of each such entity identified pursuant to clause (i). ``(B) A strategy-- ``(i) to enhance security and reinforce infrastructure of the Department along the border; ``(ii) to maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of the Department at the border; and ``(iii) to conduct streamlined screening and processing procedures of individuals in the custody of the Department at the border without diminishing security measures or normally conducted checks during such procedures. ``(C) A process-- ``(i) to identify needed personnel and detail such personnel to the border; ``(ii) to request interagency assistance for the border; ``(iii) to quickly expand temporary processing and holding capacity to respond to an irregular migration event at the border; and ``(iv) to track and keep the Secretary informed of the metrics identified under subsection (c). ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(E) A process to initiate and conduct an after- action review of the efforts of the Department in response to an irregular migration event at the border. ``(F) A strategy to ensure that an individual at the border in the custody of the Department is not released into the United States during a public health emergency if the individual has a communicable disease directly relating to the public health emergency. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(H) A regularly updated intelligence-driven analysis that includes-- ``(i) trends at the border with respect to demographics and group size that could contribute to overcrowding of U.S. Customs and Border Protection facilities; ``(ii) migrant perceptions of United States law and policy at the border, including human smuggling organization messaging and propaganda; ``(iii) tactics, techniques, and procedures used by human smuggling organizations to exploit border security vulnerabilities to facilitate such smuggling activities across the border; ``(iv) the methods and use of technology to organize and encourage irregular migration and undermine border security; and ``(v) any other information the Secretary determines appropriate. ``(b) Department Coordination.-- ``(1) Partnerships.-- ``(A) In general.--The Secretary shall direct the participants in the Response Plan to enter into necessary and appropriate memoranda of understanding or other appropriate agreements, to be periodically updated, to carry out the requirements of this section. ``(B) Rule of construction.--Nothing in this section may be construed to require participants in the Response Plan to share the information or status of any individual. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(3) Communication.--The Secretary shall identify the most appropriate communication structure to ensure immediate and continued success of the Response Plan. ``(c) Response Plan Activation.-- ``(1) Threshold identification, activation, and deactivation.--The Secretary shall-- ``(A) identify metric thresholds required to activate the Response Plan; ``(B) activate the Response Plan when one or more such thresholds are exceeded; and ``(C) deactivate the Response Plan when one or more thresholds are no longer met. ``(2) Elements.--The metric thresholds to be considered by the Secretary pursuant to paragraph (1) shall include the following: ``(A) The average amount of time an individual at the border is in the custody of U.S. Customs and Border Protection, disaggregated by whether such individual is a single adult, a member of a family unit, or an unaccompanied alien child. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(C) The total percentage of individuals in the custody of a partner agency with respect to capacity, disaggregated by each facility holding such individuals. ``(D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. ``(E) The estimated number of individuals at the southern border of the United States who are seeking food, shelter, or medical care due to a natural disaster or other humanitarian crisis in their home countries. ``(F) Any other such threshold the Secretary considers appropriate. ``(3) Notifications to congress.-- ``(A) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary shall-- ``(i) publish in the Federal Register the final of metric thresholds required under paragraph (1)(A); and ``(ii) notify the appropriate committees of Congress of such publication. ``(B) Updates.--Not later than 14 days after the Secretary updates such metric thresholds, the Secretary shall notify the appropriate committees of Congress of such update. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(2) Elements.--Each such review shall include the following: ``(A) An assessment of any changes necessary, including adjustments in the allocation of resources and modifications to authority, law, or policy-- ``(i) to improve the ability of the Department to respond to future irregular migration events at the border; and ``(ii) to mitigate the risks to border security posed by irregular migration events. ``(B) Recommendations on reforms necessary to enable the Department to better coordinate with other Federal agencies and nongovernmental organizations on cases of individuals requesting asylum in the United States. ``(3) Report.-- ``(A) In general.--Not later than 90 days after the completion of each after-action review, the Secretary shall submit to the appropriate committees of Congress a report on the results of the review. ``(B) Form.--A report required under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. ``(e) Updating Response Plan.--The Secretary shall-- ``(1) periodically update the Response Plan and the appropriate metric thresholds to activate the Response Plan; and ``(2) consider the most recent action-after review required under subsection (d) for such an update. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g). ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(2) Investment of amounts.-- ``(A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest- bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(3) Use of funds.-- ``(A) In general.--The Secretary may only obligate and expend amounts available in the Fund-- ``(i) if the Secretary activates the Response Plan pursuant to subsection (c)(1)(B); and ``(ii) for the purposes described in subparagraph (B). ``(B) Purposes.--The purposes described in this subparagraph are the following: ``(i) Replenishing the depletion of consumables, personal protective equipment, medical supplies and equipment, transportation equipment, and personnel overtime funds. ``(ii) Expanding temporary Department processing capacity. ``(iii) Improving and ensuring-- ``(I) age-appropriate and family- appropriate shelter capacity; and ``(II) the safety of, and transportation and telecommunications services for, individuals at the border in the custody of the Department or partner agencies. ``(iv) Coordinating with and providing funding for nongovernmental organizations. ``(v) Ensuring timely communication and transportation between the agencies of the Department, or with partner agencies, with respect to the transfer of individuals at the border in the custody of the Department. ``(vi) Requesting interagency assistance and detailing Department personnel in order to respond to an irregular migration event. ``(vii) Providing appropriate and accessible health care, including mental health care, for all individuals at the border in the custody of the Department. ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. ``(4) Remaining amounts.-- ``(A) In general.--Amounts in the Fund shall remain available until expended. ``(B) Exception.--Amounts remaining in the Fund at the end of fiscal year 2025 shall be returned to the general fund of the Treasury. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Irregular Migration Border Response Fund-- ``(A) $1,000,000,000 for fiscal year 2022; and ``(B) such sums as are necessary to maintain a balance of $1,000,000,000 for each of fiscal years 2022 through 2025. ``(h) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Homeland Security of the House of Representatives. ``(2) Border.--The term `border' means the international land borders of the United States. ``(3) Irregular migration.--The term `irregular migration' means the arrival of 1 or more individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. ``(4) Irregular migration event.--The term `irregular migration event' means a significant increase in, or a sustained large number of, Department encounters with individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. ``(5) Public health emergency.--The term `public health emergency' means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following: ``Sec. 437. Irregular migration border response plan and fund.''. <all>

This bill requires the Department of Homeland Security (DHS) to develop a plan for responding to irregular increases in migration at the border that present risks to border security. The plan shall include various elements including (1) a list of each agency, component, and office involved; (2) a process for quickly expanding capacity to temporarily process and hold individuals; and (3) a strategy for coordinating with local governments and other entities when DHS releases detained individuals. DHS must also identify metric thresholds for determining when to activate the plan and must activate the plan when such thresholds are satisfied. Furthermore, DHS must notify Congress no later than 14 days after activating the plan.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ``(E) A process to initiate and conduct an after- action review of the efforts of the Department in response to an irregular migration event at the border. ``(H) A regularly updated intelligence-driven analysis that includes-- ``(i) trends at the border with respect to demographics and group size that could contribute to overcrowding of U.S. Customs and Border Protection facilities; ``(ii) migrant perceptions of United States law and policy at the border, including human smuggling organization messaging and propaganda; ``(iii) tactics, techniques, and procedures used by human smuggling organizations to exploit border security vulnerabilities to facilitate such smuggling activities across the border; ``(iv) the methods and use of technology to organize and encourage irregular migration and undermine border security; and ``(v) any other information the Secretary determines appropriate. ``(D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. ``(F) Any other such threshold the Secretary considers appropriate. ``(B) Updates.--Not later than 14 days after the Secretary updates such metric thresholds, the Secretary shall notify the appropriate committees of Congress of such update. ``(B) Form.--A report required under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. ``(B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(B) Purposes.--The purposes described in this subparagraph are the following: ``(i) Replenishing the depletion of consumables, personal protective equipment, medical supplies and equipment, transportation equipment, and personnel overtime funds. ``(ii) Expanding temporary Department processing capacity. ``(iv) Coordinating with and providing funding for nongovernmental organizations. ``(v) Ensuring timely communication and transportation between the agencies of the Department, or with partner agencies, with respect to the transfer of individuals at the border in the custody of the Department. ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. ``(4) Remaining amounts.-- ``(A) In general.--Amounts in the Fund shall remain available until expended. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Irregular Migration Border Response Fund-- ``(A) $1,000,000,000 for fiscal year 2022; and ``(B) such sums as are necessary to maintain a balance of $1,000,000,000 for each of fiscal years 2022 through 2025. ``(5) Public health emergency.--The term `public health emergency' means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 437.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ``(E) A process to initiate and conduct an after- action review of the efforts of the Department in response to an irregular migration event at the border. ``(D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. ``(F) Any other such threshold the Secretary considers appropriate. ``(B) Updates.--Not later than 14 days after the Secretary updates such metric thresholds, the Secretary shall notify the appropriate committees of Congress of such update. ``(B) Form.--A report required under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. ``(B) Purposes.--The purposes described in this subparagraph are the following: ``(i) Replenishing the depletion of consumables, personal protective equipment, medical supplies and equipment, transportation equipment, and personnel overtime funds. ``(ii) Expanding temporary Department processing capacity. ``(iv) Coordinating with and providing funding for nongovernmental organizations. ``(v) Ensuring timely communication and transportation between the agencies of the Department, or with partner agencies, with respect to the transfer of individuals at the border in the custody of the Department. ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. ``(4) Remaining amounts.-- ``(A) In general.--Amounts in the Fund shall remain available until expended. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Irregular Migration Border Response Fund-- ``(A) $1,000,000,000 for fiscal year 2022; and ``(B) such sums as are necessary to maintain a balance of $1,000,000,000 for each of fiscal years 2022 through 2025. ``(5) Public health emergency.--The term `public health emergency' means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 437.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ``(E) A process to initiate and conduct an after- action review of the efforts of the Department in response to an irregular migration event at the border. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(H) A regularly updated intelligence-driven analysis that includes-- ``(i) trends at the border with respect to demographics and group size that could contribute to overcrowding of U.S. Customs and Border Protection facilities; ``(ii) migrant perceptions of United States law and policy at the border, including human smuggling organization messaging and propaganda; ``(iii) tactics, techniques, and procedures used by human smuggling organizations to exploit border security vulnerabilities to facilitate such smuggling activities across the border; ``(iv) the methods and use of technology to organize and encourage irregular migration and undermine border security; and ``(v) any other information the Secretary determines appropriate. ``(3) Communication.--The Secretary shall identify the most appropriate communication structure to ensure immediate and continued success of the Response Plan. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. ``(F) Any other such threshold the Secretary considers appropriate. ``(B) Updates.--Not later than 14 days after the Secretary updates such metric thresholds, the Secretary shall notify the appropriate committees of Congress of such update. ``(B) Form.--A report required under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g). ``(B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(B) Purposes.--The purposes described in this subparagraph are the following: ``(i) Replenishing the depletion of consumables, personal protective equipment, medical supplies and equipment, transportation equipment, and personnel overtime funds. ``(ii) Expanding temporary Department processing capacity. ``(iv) Coordinating with and providing funding for nongovernmental organizations. ``(v) Ensuring timely communication and transportation between the agencies of the Department, or with partner agencies, with respect to the transfer of individuals at the border in the custody of the Department. ``(vi) Requesting interagency assistance and detailing Department personnel in order to respond to an irregular migration event. ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. ``(4) Remaining amounts.-- ``(A) In general.--Amounts in the Fund shall remain available until expended. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Irregular Migration Border Response Fund-- ``(A) $1,000,000,000 for fiscal year 2022; and ``(B) such sums as are necessary to maintain a balance of $1,000,000,000 for each of fiscal years 2022 through 2025. ``(5) Public health emergency.--The term `public health emergency' means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).''. 437.

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. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ``(2) Elements.--The Response Plan shall include the following: ``(A) The identification of-- ``(i) each agency, component, and office participating in the Response Plan; and ``(ii) the role, chain of command, and responsibilities, including minimum acceptable response times, of each such entity identified pursuant to clause (i). ``(E) A process to initiate and conduct an after- action review of the efforts of the Department in response to an irregular migration event at the border. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(H) A regularly updated intelligence-driven analysis that includes-- ``(i) trends at the border with respect to demographics and group size that could contribute to overcrowding of U.S. Customs and Border Protection facilities; ``(ii) migrant perceptions of United States law and policy at the border, including human smuggling organization messaging and propaganda; ``(iii) tactics, techniques, and procedures used by human smuggling organizations to exploit border security vulnerabilities to facilitate such smuggling activities across the border; ``(iv) the methods and use of technology to organize and encourage irregular migration and undermine border security; and ``(v) any other information the Secretary determines appropriate. ``(b) Department Coordination.-- ``(1) Partnerships.-- ``(A) In general.--The Secretary shall direct the participants in the Response Plan to enter into necessary and appropriate memoranda of understanding or other appropriate agreements, to be periodically updated, to carry out the requirements of this section. ``(B) Rule of construction.--Nothing in this section may be construed to require participants in the Response Plan to share the information or status of any individual. ``(3) Communication.--The Secretary shall identify the most appropriate communication structure to ensure immediate and continued success of the Response Plan. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. ``(E) The estimated number of individuals at the southern border of the United States who are seeking food, shelter, or medical care due to a natural disaster or other humanitarian crisis in their home countries. ``(F) Any other such threshold the Secretary considers appropriate. ``(B) Updates.--Not later than 14 days after the Secretary updates such metric thresholds, the Secretary shall notify the appropriate committees of Congress of such update. ``(B) Form.--A report required under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g). ``(2) Investment of amounts.-- ``(A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest- bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(B) Purposes.--The purposes described in this subparagraph are the following: ``(i) Replenishing the depletion of consumables, personal protective equipment, medical supplies and equipment, transportation equipment, and personnel overtime funds. ``(ii) Expanding temporary Department processing capacity. ``(iv) Coordinating with and providing funding for nongovernmental organizations. ``(v) Ensuring timely communication and transportation between the agencies of the Department, or with partner agencies, with respect to the transfer of individuals at the border in the custody of the Department. ``(vi) Requesting interagency assistance and detailing Department personnel in order to respond to an irregular migration event. ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. ``(4) Remaining amounts.-- ``(A) In general.--Amounts in the Fund shall remain available until expended. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Irregular Migration Border Response Fund-- ``(A) $1,000,000,000 for fiscal year 2022; and ``(B) such sums as are necessary to maintain a balance of $1,000,000,000 for each of fiscal years 2022 through 2025. ``(5) Public health emergency.--The term `public health emergency' means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following: ``Sec. 437.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. ``(a) Response Plan.-- ``(1) In general.--The Secretary, in coordination with the heads of appropriate Federal agencies, shall develop a plan to respond to irregular migration at the border that present risks to border security (referred to in this section as the `Response Plan'). ``(B) A strategy-- ``(i) to enhance security and reinforce infrastructure of the Department along the border; ``(ii) to maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of the Department at the border; and ``(iii) to conduct streamlined screening and processing procedures of individuals in the custody of the Department at the border without diminishing security measures or normally conducted checks during such procedures. ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(b) Department Coordination.-- ``(1) Partnerships.-- ``(A) In general.--The Secretary shall direct the participants in the Response Plan to enter into necessary and appropriate memoranda of understanding or other appropriate agreements, to be periodically updated, to carry out the requirements of this section. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(c) Response Plan Activation.-- ``(1) Threshold identification, activation, and deactivation.--The Secretary shall-- ``(A) identify metric thresholds required to activate the Response Plan; ``(B) activate the Response Plan when one or more such thresholds are exceeded; and ``(C) deactivate the Response Plan when one or more thresholds are no longer met. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(2) Elements.--Each such review shall include the following: ``(A) An assessment of any changes necessary, including adjustments in the allocation of resources and modifications to authority, law, or policy-- ``(i) to improve the ability of the Department to respond to future irregular migration events at the border; and ``(ii) to mitigate the risks to border security posed by irregular migration events. ``(e) Updating Response Plan.--The Secretary shall-- ``(1) periodically update the Response Plan and the appropriate metric thresholds to activate the Response Plan; and ``(2) consider the most recent action-after review required under subsection (d) for such an update. ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(3) Use of funds.-- ``(A) In general.--The Secretary may only obligate and expend amounts available in the Fund-- ``(i) if the Secretary activates the Response Plan pursuant to subsection (c)(1)(B); and ``(ii) for the purposes described in subparagraph (B). ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. ``(B) Exception.--Amounts remaining in the Fund at the end of fiscal year 2025 shall be returned to the general fund of the Treasury. ``(4) Irregular migration event.--The term `irregular migration event' means a significant increase in, or a sustained large number of, Department encounters with individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. ``(5) Public health emergency.--The term `public health emergency' means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).''. ( b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following: ``Sec.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ( ``(C) A process-- ``(i) to identify needed personnel and detail such personnel to the border; ``(ii) to request interagency assistance for the border; ``(iii) to quickly expand temporary processing and holding capacity to respond to an irregular migration event at the border; and ``(iv) to track and keep the Secretary informed of the metrics identified under subsection (c). ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(3) Notifications to congress.-- ``(A) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary shall-- ``(i) publish in the Federal Register the final of metric thresholds required under paragraph (1)(A); and ``(ii) notify the appropriate committees of Congress of such publication. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g). ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(ii) Expanding temporary Department processing capacity. ``(vii) Providing appropriate and accessible health care, including mental health care, for all individuals at the border in the custody of the Department. ``(4) Irregular migration event.--The term `irregular migration event' means a significant increase in, or a sustained large number of, Department encounters with individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. Irregular migration border response plan and fund.''.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ( ``(C) A process-- ``(i) to identify needed personnel and detail such personnel to the border; ``(ii) to request interagency assistance for the border; ``(iii) to quickly expand temporary processing and holding capacity to respond to an irregular migration event at the border; and ``(iv) to track and keep the Secretary informed of the metrics identified under subsection (c). ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(3) Notifications to congress.-- ``(A) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary shall-- ``(i) publish in the Federal Register the final of metric thresholds required under paragraph (1)(A); and ``(ii) notify the appropriate committees of Congress of such publication. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g). ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(ii) Expanding temporary Department processing capacity. ``(vii) Providing appropriate and accessible health care, including mental health care, for all individuals at the border in the custody of the Department. ``(4) Irregular migration event.--The term `irregular migration event' means a significant increase in, or a sustained large number of, Department encounters with individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. Irregular migration border response plan and fund.''.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. ``(a) Response Plan.-- ``(1) In general.--The Secretary, in coordination with the heads of appropriate Federal agencies, shall develop a plan to respond to irregular migration at the border that present risks to border security (referred to in this section as the `Response Plan'). ``(B) A strategy-- ``(i) to enhance security and reinforce infrastructure of the Department along the border; ``(ii) to maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of the Department at the border; and ``(iii) to conduct streamlined screening and processing procedures of individuals in the custody of the Department at the border without diminishing security measures or normally conducted checks during such procedures. ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(b) Department Coordination.-- ``(1) Partnerships.-- ``(A) In general.--The Secretary shall direct the participants in the Response Plan to enter into necessary and appropriate memoranda of understanding or other appropriate agreements, to be periodically updated, to carry out the requirements of this section. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(c) Response Plan Activation.-- ``(1) Threshold identification, activation, and deactivation.--The Secretary shall-- ``(A) identify metric thresholds required to activate the Response Plan; ``(B) activate the Response Plan when one or more such thresholds are exceeded; and ``(C) deactivate the Response Plan when one or more thresholds are no longer met. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(2) Elements.--Each such review shall include the following: ``(A) An assessment of any changes necessary, including adjustments in the allocation of resources and modifications to authority, law, or policy-- ``(i) to improve the ability of the Department to respond to future irregular migration events at the border; and ``(ii) to mitigate the risks to border security posed by irregular migration events. ``(e) Updating Response Plan.--The Secretary shall-- ``(1) periodically update the Response Plan and the appropriate metric thresholds to activate the Response Plan; and ``(2) consider the most recent action-after review required under subsection (d) for such an update. ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(3) Use of funds.-- ``(A) In general.--The Secretary may only obligate and expend amounts available in the Fund-- ``(i) if the Secretary activates the Response Plan pursuant to subsection (c)(1)(B); and ``(ii) for the purposes described in subparagraph (B). ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. ``(B) Exception.--Amounts remaining in the Fund at the end of fiscal year 2025 shall be returned to the general fund of the Treasury. ``(4) Irregular migration event.--The term `irregular migration event' means a significant increase in, or a sustained large number of, Department encounters with individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. ``(5) Public health emergency.--The term `public health emergency' means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).''. ( b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following: ``Sec.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. IRREGULAR MIGRATION BORDER RESPONSE PLAN AND FUND. ( ``(C) A process-- ``(i) to identify needed personnel and detail such personnel to the border; ``(ii) to request interagency assistance for the border; ``(iii) to quickly expand temporary processing and holding capacity to respond to an irregular migration event at the border; and ``(iv) to track and keep the Secretary informed of the metrics identified under subsection (c). ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by-- ``(i) field office or sector; and ``(ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. ``(3) Notifications to congress.-- ``(A) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary shall-- ``(i) publish in the Federal Register the final of metric thresholds required under paragraph (1)(A); and ``(ii) notify the appropriate committees of Congress of such publication. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g). ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(ii) Expanding temporary Department processing capacity. ``(vii) Providing appropriate and accessible health care, including mental health care, for all individuals at the border in the custody of the Department. ``(4) Irregular migration event.--The term `irregular migration event' means a significant increase in, or a sustained large number of, Department encounters with individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. Irregular migration border response plan and fund.''.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. ``(B) A strategy-- ``(i) to enhance security and reinforce infrastructure of the Department along the border; ``(ii) to maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of the Department at the border; and ``(iii) to conduct streamlined screening and processing procedures of individuals in the custody of the Department at the border without diminishing security measures or normally conducted checks during such procedures. ``(b) Department Coordination.-- ``(1) Partnerships.-- ``(A) In general.--The Secretary shall direct the participants in the Response Plan to enter into necessary and appropriate memoranda of understanding or other appropriate agreements, to be periodically updated, to carry out the requirements of this section. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(3) Use of funds.-- ``(A) In general.--The Secretary may only obligate and expend amounts available in the Fund-- ``(i) if the Secretary activates the Response Plan pursuant to subsection (c)(1)(B); and ``(ii) for the purposes described in subparagraph (B). ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g).

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. ``(B) A strategy-- ``(i) to enhance security and reinforce infrastructure of the Department along the border; ``(ii) to maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of the Department at the border; and ``(iii) to conduct streamlined screening and processing procedures of individuals in the custody of the Department at the border without diminishing security measures or normally conducted checks during such procedures. ``(b) Department Coordination.-- ``(1) Partnerships.-- ``(A) In general.--The Secretary shall direct the participants in the Response Plan to enter into necessary and appropriate memoranda of understanding or other appropriate agreements, to be periodically updated, to carry out the requirements of this section. ``(2) Ongoing intelligence analysis.--The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(g) Irregular Migration Border Response Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Irregular Migration Border Response Fund' (referred to in this section as the `Fund'), consisting of amounts appropriated pursuant to paragraph (5). ``(3) Use of funds.-- ``(A) In general.--The Secretary may only obligate and expend amounts available in the Fund-- ``(i) if the Secretary activates the Response Plan pursuant to subsection (c)(1)(B); and ``(ii) for the purposes described in subparagraph (B). ``(viii) Providing appropriate trauma- informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department.

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. ``(D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to-- ``(i) the capacity of Department border facilities; and ``(ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(f) Briefing to Congress.--If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall-- ``(1) brief the appropriate committees of Congress with respect to such activation; and ``(2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g).

To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes. ``(B) A strategy-- ``(i) to enhance security and reinforce infrastructure of the Department along the border; ``(ii) to maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of the Department at the border; and ``(iii) to conduct streamlined screening and processing procedures of individuals in the custody of the Department at the border without diminishing security measures or normally conducted checks during such procedures. ``(d) After-Action Review.-- ``(1) In general.--The Secretary shall-- ``(A) develop a process, including policies and procedures, for initiating and conducting an after- action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and ``(B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. ``(3) Use of funds.-- ``(A) In general.--The Secretary may only obligate and expend amounts available in the Fund-- ``(i) if the Secretary activates the Response Plan pursuant to subsection (c)(1)(B); and ``(ii) for the purposes described in subparagraph (B).

This bill requires the Department of Homeland Security (DHS) to develop a plan to respond to irregular migration at the border that present risks to border security. DHS must also establish an irregular migration border response fund.

This bill requires the Department of Homeland Security (DHS) to develop a plan to respond to irregular migration at the border that present risks to border security. DHS must also establish an irregular migration border response fund.

This bill requires the Department of Homeland Security (DHSD) to establish a plan and fund to respond to an irregular migration event at the U.S.-Mexico border. The bill also requires DHS to submit a report to Congress on its efforts in response to such an event.

This bill requires the Department of Homeland Security (DHSD) to establish an irregular migration border response plan and fund. The plan must include (1) a process to initiate and conduct an after-action review of the efforts of DHS in response to such an event, and (2) an annual report on DHS efforts to respond to such events. The bill also requires DHS to establish a fund for the purpose of replenishing the depletion of consumables, personal protective equipment, medical supplies and equipment, transportation equipment, and personnel overtime funds.

This bill establishes the Irregular migration border response plan and fund. The Department of Homeland Security (DHS) must develop and implement a plan to respond to an irregular migration event at the U.S.-Mexico border. The plan must include (1) a strategy to inform and coordinate with other federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from DHS custody; (2) a process to initiate and conduct an after-action review of the efforts of DHS in response to such an event; and (3) an assessment of whether there is

This bill requires the Department of Homeland Security (DHSD) to implement a response plan to respond to an irregular migration event at the U.S.-Mexico border. DHS must also establish the Irregular Migration Border Response Fund. The fund must be used to provide emergency supplies, medical supplies, and equipment to DHS and other federal agencies, nongovernmental organizations, and relevant transportation companies with respect to the release of an individual from DHS custody at the border. If DHS activates the plan within 14 days, DHS must brief Congress and include with such briefing an assessment of whether there is a need to obligate and

This bill requires the Department of Homeland Security (DHS) to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and to develop a process for initiating and conducting an after-action review of the efforts of DHS in response to such an event. DHS must also establish a process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection (CBP), and any other appropriate agency in preparation for or during the event to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes.

This bill requires the Department of Homeland Security (DHS) to develop a plan to respond to irregular migration at the border that poses a risk to border security. DHS must also establish an irregular migration border response fund. The fund must be used to (1) enhance security and reinforce infrastructure of DHS along the border, (2) maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of DHS, and (3) conduct streamlined screening and processing procedures of individuals in DHS custody without diminishing security measures or normally conducted checks during such procedures. Additionally, DHS must develop a process for initiating and conducting an

To direct the Secretary of Homeland Security to establish a plan to �respond to irregular migration at the border, to establish an irregular                 a border response response fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the                United States of America in Congress assembled,=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=--=-=-=-=---=-=-=-=-=-=-=-=-=-=-+=-=-=-=-=-=-=-==-=-=--=-=-=---=-=-=-!=-=-=-+=-=--=-=-=-!=-!

Government Operations and Politics

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. Be it enacted by the Senate 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 Contracting for Peace and Security Act''. SEC. 2. PURPOSE. It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests and international law by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine and the resulting global humanitarian and refugee crisis. SEC. 3. PROHIBITION ON PROCUREMENT. (a) Prohibition.--The head of an executive agency may not enter into, continue, extend, or renew a covered contract to procure any product or service from a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. (c) Exemption.--The prohibition under subsection (a) and the requirement under subsection (b) shall not apply to the procurement of products or services for-- (1) the benefit, either directly or through the efforts of regional allies, of the country of Ukraine; or (2) humanitarian purposes to meet basic human needs. (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. The authority in this paragraph may not be delegated. (2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (2) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (4) Covered period of aggression.--The term ``covered period of aggression'' means the period of time beginning February 21, 2022, and ending on a date that is determined jointly by the Secretary of State and the Secretary of the Treasury based on steps taken by the Russian Federation to restore the safety, sovereignty, and condition of the country of Ukraine. (5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. <all>

This bill requires executive agencies to terminate their contracts with companies conducting business operations in Russia. This requirement ends when Russia takes steps to restore the safety, sovereignty, and condition of Ukraine. The bill shall not apply to the procurement of products or services for (1) the benefit, either directly or through the efforts of regional allies, of Ukraine; or (2) humanitarian purposes to meet basic human needs. The bill provides for a waiver where in the national interest of the United States.

SHORT TITLE. This Act may be cited as the ``Federal Contracting for Peace and Security Act''. 2. PURPOSE. It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests and international law by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine and the resulting global humanitarian and refugee crisis. SEC. 3. PROHIBITION ON PROCUREMENT. (a) Prohibition.--The head of an executive agency may not enter into, continue, extend, or renew a covered contract to procure any product or service from a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. (c) Exemption.--The prohibition under subsection (a) and the requirement under subsection (b) shall not apply to the procurement of products or services for-- (1) the benefit, either directly or through the efforts of regional allies, of the country of Ukraine; or (2) humanitarian purposes to meet basic human needs. (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. The authority in this paragraph may not be delegated. (2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (2) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (4) Covered period of aggression.--The term ``covered period of aggression'' means the period of time beginning February 21, 2022, and ending on a date that is determined jointly by the Secretary of State and the Secretary of the Treasury based on steps taken by the Russian Federation to restore the safety, sovereignty, and condition of the country of Ukraine. (5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

SHORT TITLE. This Act may be cited as the ``Federal Contracting for Peace and Security Act''. 2. PURPOSE. It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests and international law by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine and the resulting global humanitarian and refugee crisis. SEC. 3. PROHIBITION ON PROCUREMENT. (a) Prohibition.--The head of an executive agency may not enter into, continue, extend, or renew a covered contract to procure any product or service from a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. The authority in this paragraph may not be delegated. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (2) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. Be it enacted by the Senate 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 Contracting for Peace and Security Act''. SEC. 2. PURPOSE. It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests and international law by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine and the resulting global humanitarian and refugee crisis. SEC. 3. PROHIBITION ON PROCUREMENT. (a) Prohibition.--The head of an executive agency may not enter into, continue, extend, or renew a covered contract to procure any product or service from a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. (c) Exemption.--The prohibition under subsection (a) and the requirement under subsection (b) shall not apply to the procurement of products or services for-- (1) the benefit, either directly or through the efforts of regional allies, of the country of Ukraine; or (2) humanitarian purposes to meet basic human needs. (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. The authority in this paragraph may not be delegated. (2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (2) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (4) Covered period of aggression.--The term ``covered period of aggression'' means the period of time beginning February 21, 2022, and ending on a date that is determined jointly by the Secretary of State and the Secretary of the Treasury based on steps taken by the Russian Federation to restore the safety, sovereignty, and condition of the country of Ukraine. (5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. <all>

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. Be it enacted by the Senate 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 Contracting for Peace and Security Act''. SEC. 2. PURPOSE. It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests and international law by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine and the resulting global humanitarian and refugee crisis. SEC. 3. PROHIBITION ON PROCUREMENT. (a) Prohibition.--The head of an executive agency may not enter into, continue, extend, or renew a covered contract to procure any product or service from a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. (c) Exemption.--The prohibition under subsection (a) and the requirement under subsection (b) shall not apply to the procurement of products or services for-- (1) the benefit, either directly or through the efforts of regional allies, of the country of Ukraine; or (2) humanitarian purposes to meet basic human needs. (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. The authority in this paragraph may not be delegated. (2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (2) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (4) Covered period of aggression.--The term ``covered period of aggression'' means the period of time beginning February 21, 2022, and ending on a date that is determined jointly by the Secretary of State and the Secretary of the Treasury based on steps taken by the Russian Federation to restore the safety, sovereignty, and condition of the country of Ukraine. (5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. <all>

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. ( (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. 2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. ( (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. ( 5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. This Act may be cited as the ``Federal Contracting for Peace and Security Act''. d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. ( 3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. This Act may be cited as the ``Federal Contracting for Peace and Security Act''. d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. ( 3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. ( (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. 2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. ( (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. ( 5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. This Act may be cited as the ``Federal Contracting for Peace and Security Act''. d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. ( 3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. ( (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. 2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. ( (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. ( 5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. This Act may be cited as the ``Federal Contracting for Peace and Security Act''. d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. ( 3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. ( (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. 2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. ( (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. ( 5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. This Act may be cited as the ``Federal Contracting for Peace and Security Act''. d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. ( 3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. (

To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes. b) Existing Covered Contracts.--The head of an executive agency shall terminate any covered contract and initiate termination proceedings on or before the day that is 30 days after the date of the enactment of this Act. ( (d) National Interest Waiver.-- (1) In general.--The head of an executive agency is authorized to waive the prohibition under subsection (a) and the requirement under subsection (b) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is in the national interest of the United States, and includes in such certification a justification for the waiver and description of the product or service to which the waiver applies. 2) Congressional notification.--The head of an executive agency shall, not later than 7 days before issuing a waiver described in paragraph (1), submit to the appropriate congressional committees the certification described in such paragraph. ( (3) Covered contract.--The term ``covered contract'' means a prime contract or a prime contract that includes a subcontract at any tier to procure any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as the Russian Federation during the covered period of aggression. ( 5) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

This bill prohibits federal agencies from entering into, continuing, extending, or renewing a contract to procure any product or service from a company conducting business operations in Russia during the ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine. The prohibition does not apply to the procurement of products or services for (1) the benefit, either directly or through the efforts of regional allies, of Ukraine; or (2) humanitarian purposes to meet basic human needs. The bill authorizes the head of an executive agency to waive the prohibition with respect to a covered contract.

This bill prohibits federal agencies from entering into, continuing, extending, or renew a contract to procure any product or service from a company conducting business operations in Russia during the ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine. The prohibition does not apply to the procurement of products or services for (1) the benefit of the country of Ukraine, or (2) humanitarian purposes to meet basic human needs.

This bill prohibits federal agencies from entering into, continuing, extending, or renewing a contract to procure any product or service from a company conducting business operations in territory internationally recognized as Russia during the ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine and resulting global humanitarian and refugee crisis.

This bill prohibits federal agencies from entering into, continuing, extending, or renew a contract to procure any product or service from a company conducting business operations in territory internationally recognized as Russia during the ongoing war of aggression against Ukraine and the peaceful citizens of Ukraine and resulting global humanitarian and refugee crisis. The prohibition does not apply to the procurement of products or services for (1) the benefit, either directly or through the efforts of regional allies, of Ukraine; or (2) humanitarian purposes to meet basic human needs.

This bill prohibits federal agencies from entering into, continuing, extending, or renewing a contract to procure any product or service from a company conducting business operations in territory internationally recognized as Russia during the period of aggression. The prohibition shall not apply to the procurement of products or services for (1) the benefit, either directly or through the efforts of regional allies, of Ukraine; or (2) humanitarian purposes to meet basic human needs.

This bill prohibits federal agencies from entering into, continuing, extending, or renewing a contract to procure any product or service from a company conducting business operations in territory internationally recognized as Russia during the period of aggression. The prohibition shall not apply to the procurement of products or services for (1) the benefit, either directly or through the efforts of regional allies, of Ukraine; or (2) humanitarian purposes to meet basic human needs. The bill authorizes an executive agency to waive the prohibition and the requirement with respect to a contract if the agency certifies in writing to the President that such waiver is in the national interest of the

This bill prohibits federal agencies from procuring any product or service from a company (including any parent, subsidiary, successor entity, or beneficial owner of such company) conducting business operations in territory internationally recognized as Russia during the period of aggression against Ukraine.

This bill prohibits federal agencies from procuring any product or service from a company conducting business operations in territory internationally recognized as Russia during the period of aggression. The bill also requires federal agencies to terminate any existing contracts and initiate termination proceedings on or before 30 days after the enactment of this bill.

To prohibit Federal procurement from companies operating in the Russian ーク The Russian Federation during its ongoing war of aggression against Ukraine and the resulting global humanitarian and                refugee crisis.To prohibit the use of federal funds for the procurement of any product or service from companies that undermine United States national security interests                and international law by continuing to operate in the                Federation during the Russian непрезейственный простровский храз

Government Operations and Politics

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4193]] Public Law 117-283 117th Congress An Act To designate the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 5900]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MARINE CORPS RESERVE PVT JACOB CRUZ POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 5900: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4193]] Public Law 117-283 117th Congress An Act To designate the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 5900]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MARINE CORPS RESERVE PVT JACOB CRUZ POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 5900: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4193]] Public Law 117-283 117th Congress An Act To designate the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 5900]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MARINE CORPS RESERVE PVT JACOB CRUZ POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 5900: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4193]] Public Law 117-283 117th Congress An Act To designate the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 5900]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MARINE CORPS RESERVE PVT JACOB CRUZ POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 5900: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4193]] Public Law 117-283 117th Congress An Act To designate the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 5900]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MARINE CORPS RESERVE PVT JACOB CRUZ POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 5900: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

[117th Congress Public Law 283] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, shall be known and designated as the ``Marine Corps Reserve PVT Jacob Cruz Post Office''. (

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

This act designates the facility of the United States Postal Service located at 2016 East 1st Street in Los Angeles, California, as the Marine Corps Reserve PVT Jacob Cruz Post Office.

[117th Congress Public Law 283]                [From the U.S. Government Publishing Office]▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬░░░░░░▒▒▒░░░░░░░▒▒░▒░░░░░░▒░░░░░▀▀▀░░░▀▀░▀░░░░ ▶░░░ ▶▀▀ ▶ ▶░▀█░░░▶▀░░▀███▀▀█▀█░▀█████▀██████▀▀▄▄▄█▀██▀▄▀██▄▄▀▀██████████▀████▀░░▀

Foreign Trade and International Finance

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national 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 ``Bicameral Congressional Trade Authority Act of 2022''. SEC. 2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO ADJUST IMPORTS DETERMINED TO THREATEN TO IMPAIR NATIONAL SECURITY. (a) Limitation on Articles for Which Action May Be Taken.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended-- (1) by striking ``an article'' each place it appears and inserting ``a covered article''; (2) by striking ``any article'' each place it appears and inserting ``any covered article''; (3) by striking ``the article'' each place it appears and inserting ``the covered article''; (4) in the first subsection (d), by striking ``In the administration'' and all that follow through ``national security.''; and (5) by adding at the end the following: ``(i) Definitions.--In this section: ``(1) Covered article.--The term `covered article' means an article related to the development, maintenance, or protection of military equipment, energy resources, or critical infrastructure essential to national security. ``(2) National security.--The term `national security'-- ``(A) means the protection of the United States from foreign aggression; and ``(B) does not otherwise include the protection of the general welfare of the United States.''. (b) Responsibility of Secretary of Defense for Investigations.-- Section 232(b) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``the Secretary of Commerce (hereafter in the section referred to as the `Secretary')'' and inserting ``the Secretary of Defense''; and (B) in subparagraph (B)-- (i) by striking ``The Secretary'' and inserting ``The Secretary of Defense''; and (ii) by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``the Secretary'' and inserting ``the Secretary of Defense''; and (ii) in clause (i), by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; and (B) by amending subparagraph (B) to read as follows: ``(B) Upon the request of the Secretary of Defense, the Secretary of Commerce shall provide to the Secretary of Defense an assessment of the quantity of imports of any covered article that is the subject of an investigation conducted under this subsection and the circumstances under which the covered article is imported.''; (3) in paragraph (3)-- (A) in subparagraph (A)-- (i) in the first sentence, by striking ``the Secretary shall submit'' and all that follows through ``recommendations of the Secretary'' and inserting ``the Secretary of Defense and the Secretary of Commerce shall jointly submit to the President a report on the findings of the investigation and, based on such findings, the recommendations of the Secretary of Commerce''; and (ii) in the second sentence, by striking ``Secretary finds'' and all that follows through ``Secretary shall'' and inserting ``Secretaries find that the covered article is being imported into the United States in such quantities or under such circumstances as to be a substantial cause of a threat to impair the national security, the Secretaries shall''; and (B) in subparagraph (B), by striking ``by the Secretary''; and (4) in paragraph (4), by striking ``Secretary'' and inserting ``Secretary of Defense''. (c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)) is amended-- (1) in paragraph (1)-- (A) by striking subparagraph (B); (B) in the matter preceding clause (i)-- (i) by striking ``(A) Within'' and inserting ``Within''; and (ii) by striking ``in which the Secretary'' and inserting ``that''; (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (D) in subparagraph (A), as redesignated by subparagraph (C), by striking ``of the Secretary''; and (E) by amending subparagraph (B), as redesignated by subparagraph (C), to read as follows: ``(B) if the President concurs, submit to Congress, not later than 15 days after making that determination, a proposal regarding the nature and duration of the action that, in the judgment of the President, should be taken to adjust the imports of the covered article and its derivatives so that such imports will not be a substantial cause of a threat to impair the national security.''; and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. Such report shall be included in the report published under subsection (e).''. (d) Congressional Approval of Presidential Adjustment of Imports.-- Section 232(f) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(f)) is amended to read as follows: ``(f) Congressional Approval of Presidential Adjustment of Imports; Joint Resolution of Approval.-- ``(1) In general.--An action to adjust imports proposed by the President in a report submitted to Congress under subsection (c)(2) shall have force and effect only if, during the period of 60 calendar days beginning on the date on which the report is submitted, a joint resolution of approval is enacted pursuant to paragraph (2). ``(2) Joint resolutions of approval.-- ``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress-- ``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security.'; and ``(ii) the sole matter after the resolving clause of which is the following: `Congress approves of the proposal of the President relating to the adjustment of imports to protect the national security as described in the report submitted to Congress under section 232(c)(2) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)(2)) on _____ relating to _____.', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. ``(B) Introduction.--During the period of 60 calendar days provided for under paragraph (1), a joint resolution of approval may be introduced in either House by any Member. ``(C) Consideration in house of representatives.-- ``(i) Committee referral.--A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means. ``(ii) Reporting and discharge.--If the Committee on Ways and Means has not reported the joint resolution of approval within 10 calendar days after the date of referral, the Committee shall be discharged from further consideration of the joint resolution. ``(iii) Proceeding to consideration.-- Beginning on the third legislative day after the Committee on Ways and Means reports the joint resolution of approval to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(iv) Floor consideration.--The joint resolution of approval shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(D) Consideration in the senate.-- ``(i) Committee referral.--A joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. ``(ii) Reporting and discharge.--If the Committee on Finance has not reported the joint resolution of approval within 10 calendar days after the date of referral of the joint resolution, the Committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. ``(iii) Proceeding to consideration.-- Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Finance reports a joint resolution of approval or has been discharged from consideration of such a joint resolution to move to proceed to the consideration of the joint resolution. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. ``(iv) Rulings of the chair on procedure.-- Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of approval shall be decided by the Senate without debate. ``(E) Treatment of house joint resolution in senate.-- ``(i) Committee referral.--Except as provided in clause (ii), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with subparagraph (D). ``(ii) Consideration of house resolution.-- If a joint resolution of approval was introduced in the Senate before receipt of a joint resolution of approval that has passed the House of Representatives-- ``(I) the joint resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar; and ``(II) the procedures in the Senate with respect to a joint resolution of approval introduced in the Senate shall be the same as if no joint resolution of approval had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the joint resolution that passed the House of Representatives. ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution of approval from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed. ``(iv) Consideration of house resolution if no resolution introduced in senate.--If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. ``(F) Rules of house of representatives and senate.--This paragraph is enacted by Congress-- ``(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and ``(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. (e) Exclusion Process; Report.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended by inserting after subsection (f) the following: ``(g) Administration of Exclusion Process.-- ``(1) In general.--The United States International Trade Commission shall administer a process for granting requests for the exclusion of covered articles from any actions, including actions to impose duties or quotas, taken by the President under subsection (c). ``(2) Requirements.--In administering the process required by paragraph (1), the International Trade Commission shall-- ``(A) consider, when determining whether to grant an exclusion with respect to a covered article, if the covered article is produced in the United States and is of sufficient quality, available in sufficient quantities, and available on a reasonable timeframe; ``(B) ensure that an exclusion granted with respect to a covered article is available to any person that imports the covered article; and ``(C) not disclose business proprietary information. ``(3) Publication of procedures.--The International Trade Commission shall publish in the Federal Register and make available on a publicly available internet website of the Commission a description of the procedures to be followed by a person requesting an exclusion under paragraph (1) with respect to a covered article. ``(h) Report by International Trade Commission.--Not later than 18 months after the President takes action under subsection (c) to adjust imports of a covered article, the International Trade Commission shall submit to Congress a report assessing the effects of the action on-- ``(1) the industry to which the covered article relates; and ``(2) the overall economy of the United States.''. (f) Conforming Amendments.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended by this section, is further amended-- (1) in the first subsection (d), by striking ``the Secretary and the President'' each place it appears and inserting ``the Secretary of Defense, the Secretary of Commerce, and the President''; (2) by redesignating the second subsection (d) as subsection (e); and (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense''. (g) Effective Date.--Except as provided by subsection (h), the amendments made by this section shall apply with respect to any proposed action under section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)) on or after the date that is 4 years before the date of the enactment of this Act. (h) Transition Rules.-- (1) Approval process for actions take before date of enactment.-- (A) In general.--If, during the period specified in paragraph (2), the President makes a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, to take action with respect to an article-- (i) not later than 15 days after such date of enactment, the President shall resubmit to Congress the report required under that section with respect to the action; and (ii) the action shall have force and effect after the day that is 75 days after such date of enactment only if, during the period of 60 calendar days beginning on the date on which the report is resubmitted under clause (i), a joint resolution of approval is enacted pursuant to subsection (f)(2) of the Trade Expansion Act of 1962, as amended by this section, with respect to the action. (B) Nonapplicability of definitions.--Subparagraph (A) shall apply with respect to an action without regard to whether the article to which the action relates is a covered article (as defined in subsection (i) of section 232 of the Trade Expansion Act of 1962, as added by this section). (2) Period specified.--The period specified in this paragraph is the period beginning on the date that is 6 years before the date of the enactment of this Act and ending on the day before such date of enactment. (3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (4) International trade commission report.--Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). (5) Termination of actions not approved.-- (A) In general.--An action described in subparagraph (B) shall terminate on the day that is 75 days after the date of the enactment of this Act. (B) Action described.--An action described in this subparagraph is an action with respect to which-- (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). (C) Modification of duty rate amounts.-- (i) In general.--Any rate of duty modified under section 232(c) of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, pursuant to an action described in subparagraph (B) shall, on the day that is 75 days after the date of the enactment of this Act, revert to the rate of duty in effect before such modification. (ii) Retroactive application for certain liquidations and reliquidations.-- (I) In general.--Subject to subclause (II), an entry of an article shall be liquidated or reliquidated as though such entry occurred on the date that is 75 days after the date of the enactment of this Act if-- (aa) the rate of duty applicable to the article was modified pursuant to an action described in subparagraph (B); and (bb) a lower rate of duty would be applicable due to the application of clause (i). (II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (III) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (iii) Entry defined.--In this paragraph, the terms ``entry'' includes a withdrawal from warehouse for consumption. <all>

This bill requires congressional approval for a presidential import adjustment due to a national security threat from an import related to military equipment, energy resources, or critical infrastructure essential to national security. Specifically, the bill requires the President to submit a proposal to Congress, which Congress may approve by a joint resolution. Under current law, the President determines whether any adjustment of an import is necessary and must submit to Congress the reasons for any action taken or not taken. The Department of Defense (currently, the Department of Commerce) must investigate the effect of these imports on national security. The bill retroactively applies to any proposed action made four years before enactment of this bill. In general, any rate of duty modification occurring in the time period beginning six years before and ending the day before enactment of this bill must revert to the previous rate unless it receives congressional approval.

2. ``(2) National security.--The term `national security'-- ``(A) means the protection of the United States from foreign aggression; and ``(B) does not otherwise include the protection of the general welfare of the United States.''. 1862(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``the Secretary of Commerce (hereafter in the section referred to as the `Secretary')'' and inserting ``the Secretary of Defense''; and (B) in subparagraph (B)-- (i) by striking ``The Secretary'' and inserting ``The Secretary of Defense''; and (ii) by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``the Secretary'' and inserting ``the Secretary of Defense''; and (ii) in clause (i), by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; and (B) by amending subparagraph (B) to read as follows: ``(B) Upon the request of the Secretary of Defense, the Secretary of Commerce shall provide to the Secretary of Defense an assessment of the quantity of imports of any covered article that is the subject of an investigation conducted under this subsection and the circumstances under which the covered article is imported. (c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. Such report shall be included in the report published under subsection (e).''. All points of order against the motion are waived. The motion is not subject to a motion to postpone. ``(iv) Consideration of house resolution if no resolution introduced in senate.--If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. (2) Period specified.--The period specified in this paragraph is the period beginning on the date that is 6 years before the date of the enactment of this Act and ending on the day before such date of enactment. (3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (iii) Entry defined.--In this paragraph, the terms ``entry'' includes a withdrawal from warehouse for consumption.

2. ``(2) National security.--The term `national security'-- ``(A) means the protection of the United States from foreign aggression; and ``(B) does not otherwise include the protection of the general welfare of the United States.''. 1862(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``the Secretary of Commerce (hereafter in the section referred to as the `Secretary')'' and inserting ``the Secretary of Defense''; and (B) in subparagraph (B)-- (i) by striking ``The Secretary'' and inserting ``The Secretary of Defense''; and (ii) by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``the Secretary'' and inserting ``the Secretary of Defense''; and (ii) in clause (i), by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; and (B) by amending subparagraph (B) to read as follows: ``(B) Upon the request of the Secretary of Defense, the Secretary of Commerce shall provide to the Secretary of Defense an assessment of the quantity of imports of any covered article that is the subject of an investigation conducted under this subsection and the circumstances under which the covered article is imported. (c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. Such report shall be included in the report published under subsection (e).''. The motion is not subject to a motion to postpone. ``(iv) Consideration of house resolution if no resolution introduced in senate.--If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. (2) Period specified.--The period specified in this paragraph is the period beginning on the date that is 6 years before the date of the enactment of this Act and ending on the day before such date of enactment.

2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO ADJUST IMPORTS DETERMINED TO THREATEN TO IMPAIR NATIONAL SECURITY. ``(2) National security.--The term `national security'-- ``(A) means the protection of the United States from foreign aggression; and ``(B) does not otherwise include the protection of the general welfare of the United States.''. 1862(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``the Secretary of Commerce (hereafter in the section referred to as the `Secretary')'' and inserting ``the Secretary of Defense''; and (B) in subparagraph (B)-- (i) by striking ``The Secretary'' and inserting ``The Secretary of Defense''; and (ii) by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``the Secretary'' and inserting ``the Secretary of Defense''; and (ii) in clause (i), by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; and (B) by amending subparagraph (B) to read as follows: ``(B) Upon the request of the Secretary of Defense, the Secretary of Commerce shall provide to the Secretary of Defense an assessment of the quantity of imports of any covered article that is the subject of an investigation conducted under this subsection and the circumstances under which the covered article is imported. (c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. Such report shall be included in the report published under subsection (e).''. ', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. All points of order against the motion are waived. ``(D) Consideration in the senate.-- ``(i) Committee referral.--A joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. ``(iv) Consideration of house resolution if no resolution introduced in senate.--If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. ``(F) Rules of house of representatives and senate.--This paragraph is enacted by Congress-- ``(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and ``(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. ``(3) Publication of procedures.--The International Trade Commission shall publish in the Federal Register and make available on a publicly available internet website of the Commission a description of the procedures to be followed by a person requesting an exclusion under paragraph (1) with respect to a covered article. (2) Period specified.--The period specified in this paragraph is the period beginning on the date that is 6 years before the date of the enactment of this Act and ending on the day before such date of enactment. (3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (III) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (iii) Entry defined.--In this paragraph, the terms ``entry'' includes a withdrawal from warehouse for consumption.

SHORT TITLE. SEC. 2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO ADJUST IMPORTS DETERMINED TO THREATEN TO IMPAIR NATIONAL SECURITY. 1862) is amended-- (1) by striking ``an article'' each place it appears and inserting ``a covered article''; (2) by striking ``any article'' each place it appears and inserting ``any covered article''; (3) by striking ``the article'' each place it appears and inserting ``the covered article''; (4) in the first subsection (d), by striking ``In the administration'' and all that follow through ``national security. ``(2) National security.--The term `national security'-- ``(A) means the protection of the United States from foreign aggression; and ``(B) does not otherwise include the protection of the general welfare of the United States.''. 1862(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``the Secretary of Commerce (hereafter in the section referred to as the `Secretary')'' and inserting ``the Secretary of Defense''; and (B) in subparagraph (B)-- (i) by striking ``The Secretary'' and inserting ``The Secretary of Defense''; and (ii) by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``the Secretary'' and inserting ``the Secretary of Defense''; and (ii) in clause (i), by striking ``the Secretary of Defense'' and inserting ``the Secretary of Commerce''; and (B) by amending subparagraph (B) to read as follows: ``(B) Upon the request of the Secretary of Defense, the Secretary of Commerce shall provide to the Secretary of Defense an assessment of the quantity of imports of any covered article that is the subject of an investigation conducted under this subsection and the circumstances under which the covered article is imported. (c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. ''; and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. Such report shall be included in the report published under subsection (e).''. ', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. ``(ii) Reporting and discharge.--If the Committee on Ways and Means has not reported the joint resolution of approval within 10 calendar days after the date of referral, the Committee shall be discharged from further consideration of the joint resolution. All points of order against the motion are waived. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(D) Consideration in the senate.-- ``(i) Committee referral.--A joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. ``(iv) Consideration of house resolution if no resolution introduced in senate.--If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. ``(F) Rules of house of representatives and senate.--This paragraph is enacted by Congress-- ``(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and ``(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. ``(3) Publication of procedures.--The International Trade Commission shall publish in the Federal Register and make available on a publicly available internet website of the Commission a description of the procedures to be followed by a person requesting an exclusion under paragraph (1) with respect to a covered article. (2) Period specified.--The period specified in this paragraph is the period beginning on the date that is 6 years before the date of the enactment of this Act and ending on the day before such date of enactment. (3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (C) Modification of duty rate amounts.-- (i) In general.--Any rate of duty modified under section 232(c) of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, pursuant to an action described in subparagraph (B) shall, on the day that is 75 days after the date of the enactment of this Act, revert to the rate of duty in effect before such modification. (III) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (iii) Entry defined.--In this paragraph, the terms ``entry'' includes a withdrawal from warehouse for consumption.

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. a) Limitation on Articles for Which Action May Be Taken.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended-- (1) by striking ``an article'' each place it appears and inserting ``a covered article''; (2) by striking ``any article'' each place it appears and inserting ``any covered article''; (3) by striking ``the article'' each place it appears and inserting ``the covered article''; (4) in the first subsection (d), by striking ``In the administration'' and all that follow through ``national security. ''; c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. Such report shall be included in the report published under subsection (e).''. ( 1862(f)) is amended to read as follows: ``(f) Congressional Approval of Presidential Adjustment of Imports; Joint Resolution of Approval.-- ``(1) In general.--An action to adjust imports proposed by the President in a report submitted to Congress under subsection (c)(2) shall have force and effect only if, during the period of 60 calendar days beginning on the date on which the report is submitted, a joint resolution of approval is enacted pursuant to paragraph (2). ``(2) Joint resolutions of approval.-- ``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress-- ``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security. '; ``(B) Introduction.--During the period of 60 calendar days provided for under paragraph (1), a joint resolution of approval may be introduced in either House by any Member. ``(C) Consideration in house of representatives.-- ``(i) Committee referral.--A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. ``(ii) Reporting and discharge.--If the Committee on Finance has not reported the joint resolution of approval within 10 calendar days after the date of referral of the joint resolution, the Committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. ``(iv) Rulings of the chair on procedure.-- Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of approval shall be decided by the Senate without debate. ``(E) Treatment of house joint resolution in senate.-- ``(i) Committee referral.--Except as provided in clause (ii), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with subparagraph (D). ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution of approval from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed. (e) Exclusion Process; Report.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended by inserting after subsection (f) the following: ``(g) Administration of Exclusion Process.-- ``(1) In general.--The United States International Trade Commission shall administer a process for granting requests for the exclusion of covered articles from any actions, including actions to impose duties or quotas, taken by the President under subsection (c). ``(2) Requirements.--In administering the process required by paragraph (1), the International Trade Commission shall-- ``(A) consider, when determining whether to grant an exclusion with respect to a covered article, if the covered article is produced in the United States and is of sufficient quality, available in sufficient quantities, and available on a reasonable timeframe; ``(B) ensure that an exclusion granted with respect to a covered article is available to any person that imports the covered article; and ``(C) not disclose business proprietary information. ``(h) Report by International Trade Commission.--Not later than 18 months after the President takes action under subsection (c) to adjust imports of a covered article, the International Trade Commission shall submit to Congress a report assessing the effects of the action on-- ``(1) the industry to which the covered article relates; and ``(2) the overall economy of the United States.''. ( f) Conforming Amendments.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended by this section, is further amended-- (1) in the first subsection (d), by striking ``the Secretary and the President'' each place it appears and inserting ``the Secretary of Defense, the Secretary of Commerce, and the President''; (2) by redesignating the second subsection (d) as subsection (e); and (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense''. ( B) Nonapplicability of definitions.--Subparagraph (A) shall apply with respect to an action without regard to whether the article to which the action relates is a covered article (as defined in subsection (i) of section 232 of the Trade Expansion Act of 1962, as added by this section). (2) Period specified.--The period specified in this paragraph is the period beginning on the date that is 6 years before the date of the enactment of this Act and ending on the day before such date of enactment. ( 4) International trade commission report.--Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). ( (B) Action described.--An action described in this subparagraph is an action with respect to which-- (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). ( C) Modification of duty rate amounts.-- (i) In general.--Any rate of duty modified under section 232(c) of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, pursuant to an action described in subparagraph (B) shall, on the day that is 75 days after the date of the enactment of this Act, revert to the rate of duty in effect before such modification. ( (II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. ( III) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. a) Limitation on Articles for Which Action May Be Taken.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended-- (1) by striking ``an article'' each place it appears and inserting ``a covered article''; (2) by striking ``any article'' each place it appears and inserting ``any covered article''; (3) by striking ``the article'' each place it appears and inserting ``the covered article''; (4) in the first subsection (d), by striking ``In the administration'' and all that follow through ``national security. ''; c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. Such report shall be included in the report published under subsection (e).''. ( ``(2) Joint resolutions of approval.-- ``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress-- ``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security. '; ``(B) Introduction.--During the period of 60 calendar days provided for under paragraph (1), a joint resolution of approval may be introduced in either House by any Member. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The motion to proceed is not debatable. ``(E) Treatment of house joint resolution in senate.-- ``(i) Committee referral.--Except as provided in clause (ii), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with subparagraph (D). ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. ``(iv) Consideration of house resolution if no resolution introduced in senate.--If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. 1862) is amended by inserting after subsection (f) the following: ``(g) Administration of Exclusion Process.-- ``(1) In general.--The United States International Trade Commission shall administer a process for granting requests for the exclusion of covered articles from any actions, including actions to impose duties or quotas, taken by the President under subsection (c). ``(h) Report by International Trade Commission.--Not later than 18 months after the President takes action under subsection (c) to adjust imports of a covered article, the International Trade Commission shall submit to Congress a report assessing the effects of the action on-- ``(1) the industry to which the covered article relates; and ``(2) the overall economy of the United States.''. ( 1862(c)) on or after the date that is 4 years before the date of the enactment of this Act. ( 3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (4) International trade commission report.--Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). ( B) Action described.--An action described in this subparagraph is an action with respect to which-- (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). ( (II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. ( III) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. a) Limitation on Articles for Which Action May Be Taken.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended-- (1) by striking ``an article'' each place it appears and inserting ``a covered article''; (2) by striking ``any article'' each place it appears and inserting ``any covered article''; (3) by striking ``the article'' each place it appears and inserting ``the covered article''; (4) in the first subsection (d), by striking ``In the administration'' and all that follow through ``national security. ''; c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. Such report shall be included in the report published under subsection (e).''. ( ``(2) Joint resolutions of approval.-- ``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress-- ``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security. '; ``(B) Introduction.--During the period of 60 calendar days provided for under paragraph (1), a joint resolution of approval may be introduced in either House by any Member. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The motion to proceed is not debatable. ``(E) Treatment of house joint resolution in senate.-- ``(i) Committee referral.--Except as provided in clause (ii), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with subparagraph (D). ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. ``(iv) Consideration of house resolution if no resolution introduced in senate.--If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. 1862) is amended by inserting after subsection (f) the following: ``(g) Administration of Exclusion Process.-- ``(1) In general.--The United States International Trade Commission shall administer a process for granting requests for the exclusion of covered articles from any actions, including actions to impose duties or quotas, taken by the President under subsection (c). ``(h) Report by International Trade Commission.--Not later than 18 months after the President takes action under subsection (c) to adjust imports of a covered article, the International Trade Commission shall submit to Congress a report assessing the effects of the action on-- ``(1) the industry to which the covered article relates; and ``(2) the overall economy of the United States.''. ( 1862(c)) on or after the date that is 4 years before the date of the enactment of this Act. ( 3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (4) International trade commission report.--Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). ( B) Action described.--An action described in this subparagraph is an action with respect to which-- (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). ( (II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. ( III) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. c) Determinations of President.--Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. ( 1862(f)) is amended to read as follows: ``(f) Congressional Approval of Presidential Adjustment of Imports; Joint Resolution of Approval.-- ``(1) In general.--An action to adjust imports proposed by the President in a report submitted to Congress under subsection (c)(2) shall have force and effect only if, during the period of 60 calendar days beginning on the date on which the report is submitted, a joint resolution of approval is enacted pursuant to paragraph (2). ``(2) Joint resolutions of approval.-- ``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress-- ``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security. '; The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution of approval from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed. ( ``(h) Report by International Trade Commission.--Not later than 18 months after the President takes action under subsection (c) to adjust imports of a covered article, the International Trade Commission shall submit to Congress a report assessing the effects of the action on-- ``(1) the industry to which the covered article relates; and ``(2) the overall economy of the United States.''. ( f) Conforming Amendments.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended by this section, is further amended-- (1) in the first subsection (d), by striking ``the Secretary and the President'' each place it appears and inserting ``the Secretary of Defense, the Secretary of Commerce, and the President''; (2) by redesignating the second subsection (d) as subsection (e); and (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense''. ( B) Nonapplicability of definitions.--Subparagraph (A) shall apply with respect to an action without regard to whether the article to which the action relates is a covered article (as defined in subsection (i) of section 232 of the Trade Expansion Act of 1962, as added by this section). ( ( 4) International trade commission report.--Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). ( ( B) Action described.--An action described in this subparagraph is an action with respect to which-- (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). ( ( (II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. ( III) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. ``(2) Joint resolutions of approval.-- ``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress-- ``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security. '; ``(E) Treatment of house joint resolution in senate.-- ``(i) Committee referral.--Except as provided in clause (ii), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with subparagraph (D). 3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (4) International trade commission report.--Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). ( II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. 1862(f)) is amended to read as follows: ``(f) Congressional Approval of Presidential Adjustment of Imports; Joint Resolution of Approval.-- ``(1) In general.--An action to adjust imports proposed by the President in a report submitted to Congress under subsection (c)(2) shall have force and effect only if, during the period of 60 calendar days beginning on the date on which the report is submitted, a joint resolution of approval is enacted pursuant to paragraph (2). '; The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. 1862), as amended by this section, is further amended-- (1) in the first subsection (d), by striking ``the Secretary and the President'' each place it appears and inserting ``the Secretary of Defense, the Secretary of Commerce, and the President''; (2) by redesignating the second subsection (d) as subsection (e); and (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense''. ( B) Nonapplicability of definitions.--Subparagraph (A) shall apply with respect to an action without regard to whether the article to which the action relates is a covered article (as defined in subsection (i) of section 232 of the Trade Expansion Act of 1962, as added by this section). ( ( ( ( B) Action described.--An action described in this subparagraph is an action with respect to which-- (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). ( ( ( II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. ``(2) Joint resolutions of approval.-- ``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress-- ``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security. '; ``(E) Treatment of house joint resolution in senate.-- ``(i) Committee referral.--Except as provided in clause (ii), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with subparagraph (D). 3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (4) International trade commission report.--Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). ( II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. 1862(f)) is amended to read as follows: ``(f) Congressional Approval of Presidential Adjustment of Imports; Joint Resolution of Approval.-- ``(1) In general.--An action to adjust imports proposed by the President in a report submitted to Congress under subsection (c)(2) shall have force and effect only if, during the period of 60 calendar days beginning on the date on which the report is submitted, a joint resolution of approval is enacted pursuant to paragraph (2). '; The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. 1862), as amended by this section, is further amended-- (1) in the first subsection (d), by striking ``the Secretary and the President'' each place it appears and inserting ``the Secretary of Defense, the Secretary of Commerce, and the President''; (2) by redesignating the second subsection (d) as subsection (e); and (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense''. ( B) Nonapplicability of definitions.--Subparagraph (A) shall apply with respect to an action without regard to whether the article to which the action relates is a covered article (as defined in subsection (i) of section 232 of the Trade Expansion Act of 1962, as added by this section). ( ( ( ( B) Action described.--An action described in this subparagraph is an action with respect to which-- (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). ( ( ( II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. 3) Administration of exclusion process.--In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. ( ( II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (

To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes. ``(iii) House resolution received after passage by senate.--If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. 1862), as amended by this section, is further amended-- (1) in the first subsection (d), by striking ``the Secretary and the President'' each place it appears and inserting ``the Secretary of Defense, the Secretary of Commerce, and the President''; (2) by redesignating the second subsection (d) as subsection (e); and (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense''. ( B) Nonapplicability of definitions.--Subparagraph (A) shall apply with respect to an action without regard to whether the article to which the action relates is a covered article (as defined in subsection (i) of section 232 of the Trade Expansion Act of 1962, as added by this section). ( ( ( ( ( ( ( II) Requests.--A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (

This bill limits the President's authority to adjust imports that are determined to impair national security. Specifically, the bill prohibits the President from adjusting imports related to the development, maintenance, or protection of military equipment, energy resources, or critical infrastructure essential to national security unless Congress authorizes the President to do so.

This bill limits the authority of the President to adjust imports that threaten to impair national security. Specifically, the bill prohibits the President from adjusting imports that are related to the development, maintenance, or protection of military equipment, energy resources, or critical infrastructure essential to national security if such an action does not otherwise include the protection of the general welfare of the United States.

This bill authorizes the President to impose Section 232 of the Trade Expansion Act of 1962 (TRA) on imports of certain articles that pose a threat to U.S. national security. Specifically, the President may impose such a tariff if the Department of Defense (DOD) requests that such an investigation be conducted. The bill also requires DOD to report to Congress an assessment of the quantity of imports of any covered article that is subject to an investigation and the circumstances under which the covered article is imported.

This bill requires the Department of Defense (DOD) to provide to DOD an assessment of the quantity of imports of any covered article that is subject to an investigation conducted under Section 232 of the Trade Expansion Act of 1962. The bill also requires DOD to report to Congress on the circumstances under which the covered article is imported.

This bill limits the authority of the President to adjust imports of certain articles that pose a threat to national security. Specifically, the bill requires the Department of Defense (DOD) to provide an assessment of the quantity of imports of any covered article that is the subject of an investigation conducted under Section 232 of the Trade Expansion Act of 1962 and the circumstances under which the covered article is imported. The bill also requires DOD to report to Congress on such an assessment.

This bill limits the authority of the President to adjust imports of certain articles that are deemed to pose a threat to national security. Specifically, the bill requires the Department of Commerce to provide an assessment of the quantity of imports of such articles and the circumstances under which the articles are imported. The President must submit to Congress a report describing the action proposed to be taken and specifying the reasons for such proposal.

This bill limits the authority of the President to adjust imports that are determined to threaten or impair national security. Specifically, the bill prohibits the President from taking such action for 180 days after the enactment of this bill. The bill also requires the U.S. International Trade Commission (ITC) to administer a process for granting requests for the exclusion of covered articles from any actions, including actions to impose duties or quotas, taken by the President. The ITC must also report on the effects of the action on the industry to which the covered article relates and the overall economy of the United States.

This bill limits the authority of the President to adjust imports that are determined to threaten or impair national security. Specifically, the President must submit to Congress a report describing the action proposed to be taken and specifying the reasons for such proposal. The President must also submit a joint resolution of approval to Congress. If the President does not submit a report within 60 days of submitting the report, the bill requires Congress to approve the action. The bill also requires the U.S. International Trade Commission to report on the effects of the action on the industry to which the article relates and the overall economy of the United States.

To amend the Trade Expansion Act of 1962 to impose limitations on the                 authority of the President to adjust imports that are determined to � Threaten to impair national security, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=--=-=-=---=-=-=-=-=-=-=-=-=-=--=-=-=--=--=-=-=-=-=-=-=-=-=-=---=-=-=-(-=-=---=-=-==-=-=-=-==----=-===-----=-----------=--- ------ ------ ----

Finance and Financial Sector

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. Be it enacted by the Senate 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 Russian Government and Oligarchs from Limiting Democracy Act of 2022'' or the ``Stop Russian GOLD Act of 2022''. SEC. 2. PROHIBITION ON TRANSACTIONS WITH FOREIGN PERSONS THAT PURCHASE OR TRANSACT IN RUSSIAN GOLD. (a) In General.--Any transaction by a United States person with a foreign person described in subsection (b) is prohibited. (b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. (d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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. (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. <all>

This bill prohibits a U.S. person from engaging in a transaction with a foreign person who purchases, transacts in, or transports Russian gold.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. Be it enacted by the Senate 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 Russian Government and Oligarchs from Limiting Democracy Act of 2022'' or the ``Stop Russian GOLD Act of 2022''. SEC. 2. PROHIBITION ON TRANSACTIONS WITH FOREIGN PERSONS THAT PURCHASE OR TRANSACT IN RUSSIAN GOLD. (a) In General.--Any transaction by a United States person with a foreign person described in subsection (b) is prohibited. (b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. (d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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. (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. <all>

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. Be it enacted by the Senate 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 Russian Government and Oligarchs from Limiting Democracy Act of 2022'' or the ``Stop Russian GOLD Act of 2022''. SEC. 2. (a) In General.--Any transaction by a United States person with a foreign person described in subsection (b) is prohibited. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. (d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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. (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. Be it enacted by the Senate 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 Russian Government and Oligarchs from Limiting Democracy Act of 2022'' or the ``Stop Russian GOLD Act of 2022''. SEC. 2. PROHIBITION ON TRANSACTIONS WITH FOREIGN PERSONS THAT PURCHASE OR TRANSACT IN RUSSIAN GOLD. (a) In General.--Any transaction by a United States person with a foreign person described in subsection (b) is prohibited. (b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. (d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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. (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. <all>

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. Be it enacted by the Senate 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 Russian Government and Oligarchs from Limiting Democracy Act of 2022'' or the ``Stop Russian GOLD Act of 2022''. SEC. 2. PROHIBITION ON TRANSACTIONS WITH FOREIGN PERSONS THAT PURCHASE OR TRANSACT IN RUSSIAN GOLD. (a) In General.--Any transaction by a United States person with a foreign person described in subsection (b) is prohibited. (b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. (d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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. (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. <all>

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. ( (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. ( 2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. ( 2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. ( (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. ( 2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. ( (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. ( 2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. ( (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. ( 2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basketed assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. ( d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. ( (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

This bill prohibits U.S. persons from engaging in transactions with a foreign person that purchases, transacts in, or transports between countries gold received from the Russian government, including from reserves of the Central Bank of Russia held outside the Russian Federation, or engages in a transaction involving gold that has a physical or electronic nexus to Russia.

This bill prohibits U.S. persons from engaging in transactions with a foreign person that purchases, transacts in, or transports between countries gold received from the Russian government, including from reserves of the Central Bank of Russia held outside the Russian Federation.

This bill prohibits U.S. persons from engaging in transactions with foreign persons that purchase or transact in gold from Russia. The Department of the Treasury must publish guidance for such transactions, including guidance on how to avoid unknowingly investing in or transacting with such foreign persons through bundled or basketized assets and how to facilitate divestment from such transactions. The President may exercise all authorities provided under the International Emergency Economic Powers Act to carry out this bill to the same extent as a person that commits an unlawful act.

This bill prohibits U.S. persons from engaging in transactions with a foreign person that purchases, transacts in, or transports between countries gold received from the Russian government, including from reserves of the Central Bank of Russia held outside the Russian Federation, or engages in a transaction involving gold that has a physical or electronic nexus to Russia.

This bill prohibits U.S. persons from engaging in transactions with a foreign person if the foreign person (1) purchases, transacts in, or transports between countries gold received from Russia, including from reserves of the Central Bank of Russia held outside Russia; or (2) engages in a transaction involving gold and that has a physical or electronic nexus to Russia.

This bill prohibits U.S. persons from engaging in transactions with a foreign person if the foreign person (1) purchases, transacts in, or transports between countries gold received from Russia, including from reserves of the Central Bank of Russia held outside Russia; or (2) engages in a transaction involving gold and that has a physical or electronic nexus to Russia. The bill directs the Department of the Treasury to publish guidance to ensure that individuals are able to avoid unknowingly investing in or transacting with foreign persons through bundled or basketed assets, and to facilitate divestment from investment in and transactions with such foreign persons.

This bill prohibits U.S. persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. The Department of the Treasury must publish guidance for such transactions.

This bill prohibits U.S. persons from engaging in transactions with foreign persons that purchase, transact in, or transports gold from Russia or engage in a transaction involving gold that has a physical or electronic nexus to Russia. The President may exercise all authorities provided under the International Emergency Economic Powers Act to carry out this bill.

SourceFile This Act may be cited as the ``Stop Russian Government and                Oligarchs from Limiting Democracy Act of 2022'' or the ``Stopping Russian                GOLD Act of 2018'' and as the “Stop Russian �GOLD” Act of 2017, or the ”Stop Russian” or “Stopping нейбральный проссийской деля” (“Stop носпровал

Finance and Financial Sector

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded 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 ``Repeatedly Flooded Communities Planning Assistance Act of 2022''. SEC. 2. COMMUNITY ACTION TO ADDRESS REPETITIVELY FLOODED AREAS. Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection: ``(e) Community Action for Repeatedly Flooded Areas.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Covered community.--The term `covered community' means a community-- ``(i) that is participating in the national flood insurance program under section 1315 (42 U.S.C. 4022); ``(ii) within which are located-- ``(I) not fewer than 50 repetitive loss structures; or ``(II) not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) (42 U.S.C. 4101c(c)(2)(A)) have not been conducted; and ``(iii) which has been identified by the Administrator as a priority for assessment and mitigation in accordance with the regulations authorized by this section. ``(B) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(2) Requirements for covered communities.--The Administrator shall, by regulation, require a covered community to-- ``(A) determine, with assistance from the Administrator, the areas within the covered community in which properties described in paragraph (1)(A)(ii) are located in order to identify areas that are repeatedly damaged by floods; ``(B) assess, with assistance from the Administrator, future conditions which may represent continuing risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; ``(E) implement the plan described in subparagraph (C); and ``(F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); or ``(C) a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title (42 U.S.C. 4022(b)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(B) Types of assistance.--Assistance authorized under this section may include-- ``(i) sharing of information in accordance with the requirements of section 552a of title 5, United States Code, and the subchapter II of chapter 35 of title 44, United States Code; ``(ii) consideration of possible sources of financial assistance to communities, including-- ``(I) potential waiver or lowering of non-Federal cost shares for mitigation of properties; and ``(II) potential priority for applicable grant mitigation funding managed by the Administrator; ``(iii) additional technical assistance to communities the Administrator may deem most at- risk for repeated flooding events; ``(iv) reasonable considerations and targeted assistance for communities defined as small and impoverished or high-risk under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 5133(a)); and ``(v) special assistance aimed at implementing Executive Order 13985 (January 20, 2021) on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as defined by the Administrator. ``(C) Special considerations.--In determining an appropriate level of assistance for a covered community, as provided in subparagraph (B), the Administrator shall consider the extent to which the community is working to remedy problems associated with repeated flooding and the resources available to the covered community, including-- ``(i) any Federal or State funding received by the covered community; ``(ii) the portion of the covered community that is located within areas having special flood hazards; and ``(iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''. <all>

This bill requires communities that participate in the National Flood Insurance Program to develop a plan for mitigating flood risks to repeatedly damaged areas. The Federal Emergency Management Agency may provide assistance to these communities in the form of information sharing, financial assistance, and technical assistance.

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 ``Repeatedly Flooded Communities Planning Assistance Act of 2022''. SEC. 2. COMMUNITY ACTION TO ADDRESS REPETITIVELY FLOODED AREAS. 4102) is amended by adding at the end the following new subsection: ``(e) Community Action for Repeatedly Flooded Areas.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Covered community.--The term `covered community' means a community-- ``(i) that is participating in the national flood insurance program under section 1315 (42 U.S.C. 4101c(c)(2)(A)) have not been conducted; and ``(iii) which has been identified by the Administrator as a priority for assessment and mitigation in accordance with the regulations authorized by this section. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. ``(2) Requirements for covered communities.--The Administrator shall, by regulation, require a covered community to-- ``(A) determine, with assistance from the Administrator, the areas within the covered community in which properties described in paragraph (1)(A)(ii) are located in order to identify areas that are repeatedly damaged by floods; ``(B) assess, with assistance from the Administrator, future conditions which may represent continuing risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; ``(E) implement the plan described in subparagraph (C); and ``(F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4022(b)). ``(C) Special considerations.--In determining an appropriate level of assistance for a covered community, as provided in subparagraph (B), the Administrator shall consider the extent to which the community is working to remedy problems associated with repeated flooding and the resources available to the covered community, including-- ``(i) any Federal or State funding received by the covered community; ``(ii) the portion of the covered community that is located within areas having special flood hazards; and ``(iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures.

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 ``Repeatedly Flooded Communities Planning Assistance Act of 2022''. SEC. 2. COMMUNITY ACTION TO ADDRESS REPETITIVELY FLOODED AREAS. 4102) is amended by adding at the end the following new subsection: ``(e) Community Action for Repeatedly Flooded Areas.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Covered community.--The term `covered community' means a community-- ``(i) that is participating in the national flood insurance program under section 1315 (42 U.S.C. 4101c(c)(2)(A)) have not been conducted; and ``(iii) which has been identified by the Administrator as a priority for assessment and mitigation in accordance with the regulations authorized by this section. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. ``(2) Requirements for covered communities.--The Administrator shall, by regulation, require a covered community to-- ``(A) determine, with assistance from the Administrator, the areas within the covered community in which properties described in paragraph (1)(A)(ii) are located in order to identify areas that are repeatedly damaged by floods; ``(B) assess, with assistance from the Administrator, future conditions which may represent continuing risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; ``(E) implement the plan described in subparagraph (C); and ``(F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4022(b)).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeatedly Flooded Communities Planning Assistance Act of 2022''. SEC. 2. COMMUNITY ACTION TO ADDRESS REPETITIVELY FLOODED AREAS. 4102) is amended by adding at the end the following new subsection: ``(e) Community Action for Repeatedly Flooded Areas.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Covered community.--The term `covered community' means a community-- ``(i) that is participating in the national flood insurance program under section 1315 (42 U.S.C. 4101c(c)(2)(A)) have not been conducted; and ``(iii) which has been identified by the Administrator as a priority for assessment and mitigation in accordance with the regulations authorized by this section. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. ``(2) Requirements for covered communities.--The Administrator shall, by regulation, require a covered community to-- ``(A) determine, with assistance from the Administrator, the areas within the covered community in which properties described in paragraph (1)(A)(ii) are located in order to identify areas that are repeatedly damaged by floods; ``(B) assess, with assistance from the Administrator, future conditions which may represent continuing risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; ``(E) implement the plan described in subparagraph (C); and ``(F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4022(b)). ``(B) Types of assistance.--Assistance authorized under this section may include-- ``(i) sharing of information in accordance with the requirements of section 552a of title 5, United States Code, and the subchapter II of chapter 35 of title 44, United States Code; ``(ii) consideration of possible sources of financial assistance to communities, including-- ``(I) potential waiver or lowering of non-Federal cost shares for mitigation of properties; and ``(II) potential priority for applicable grant mitigation funding managed by the Administrator; ``(iii) additional technical assistance to communities the Administrator may deem most at- risk for repeated flooding events; ``(iv) reasonable considerations and targeted assistance for communities defined as small and impoverished or high-risk under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 5133(a)); and ``(v) special assistance aimed at implementing Executive Order 13985 (January 20, 2021) on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as defined by the Administrator. ``(C) Special considerations.--In determining an appropriate level of assistance for a covered community, as provided in subparagraph (B), the Administrator shall consider the extent to which the community is working to remedy problems associated with repeated flooding and the resources available to the covered community, including-- ``(i) any Federal or State funding received by the covered community; ``(ii) the portion of the covered community that is located within areas having special flood hazards; and ``(iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded 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 ``Repeatedly Flooded Communities Planning Assistance Act of 2022''. SEC. 2. COMMUNITY ACTION TO ADDRESS REPETITIVELY FLOODED AREAS. Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection: ``(e) Community Action for Repeatedly Flooded Areas.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Covered community.--The term `covered community' means a community-- ``(i) that is participating in the national flood insurance program under section 1315 (42 U.S.C. 4022); ``(ii) within which are located-- ``(I) not fewer than 50 repetitive loss structures; or ``(II) not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) (42 U.S.C. 4101c(c)(2)(A)) have not been conducted; and ``(iii) which has been identified by the Administrator as a priority for assessment and mitigation in accordance with the regulations authorized by this section. ``(B) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(2) Requirements for covered communities.--The Administrator shall, by regulation, require a covered community to-- ``(A) determine, with assistance from the Administrator, the areas within the covered community in which properties described in paragraph (1)(A)(ii) are located in order to identify areas that are repeatedly damaged by floods; ``(B) assess, with assistance from the Administrator, future conditions which may represent continuing risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified pursuant to subparagraph (A); ``(D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; ``(E) implement the plan described in subparagraph (C); and ``(F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); or ``(C) a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title (42 U.S.C. 4022(b)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(B) Types of assistance.--Assistance authorized under this section may include-- ``(i) sharing of information in accordance with the requirements of section 552a of title 5, United States Code, and the subchapter II of chapter 35 of title 44, United States Code; ``(ii) consideration of possible sources of financial assistance to communities, including-- ``(I) potential waiver or lowering of non-Federal cost shares for mitigation of properties; and ``(II) potential priority for applicable grant mitigation funding managed by the Administrator; ``(iii) additional technical assistance to communities the Administrator may deem most at- risk for repeated flooding events; ``(iv) reasonable considerations and targeted assistance for communities defined as small and impoverished or high-risk under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 5133(a)); and ``(v) special assistance aimed at implementing Executive Order 13985 (January 20, 2021) on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as defined by the Administrator. ``(C) Special considerations.--In determining an appropriate level of assistance for a covered community, as provided in subparagraph (B), the Administrator shall consider the extent to which the community is working to remedy problems associated with repeated flooding and the resources available to the covered community, including-- ``(i) any Federal or State funding received by the covered community; ``(ii) the portion of the covered community that is located within areas having special flood hazards; and ``(iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''. <all>

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(B) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); or ``(C) a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title (42 U.S.C. 4022(b)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(B) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); or ``(C) a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title (42 U.S.C. 4022(b)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(B) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); or ``(C) a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title (42 U.S.C. 4022(b)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(B) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); or ``(C) a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title (42 U.S.C. 4022(b)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

To amend the National Flood Insurance Act of 1968 to facilitate community action to address repetitively flooded areas, and for other purposes. ``(B) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(C) Severe repetitive loss structure.--The term `severe repetitive loss structure' has the meaning given such term in section 1366(h) (42 U.S.C. 4101c(h)). ``(3) Coordination with existing planning efforts.--As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including-- ``(A) a plan developed under section 1366 of this title (42 U.S.C. 4104c); ``(B) a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); or ``(C) a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title (42 U.S.C. 4022(b)). ``(4) Authorization and assistance.-- ``(A) In general.--The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. ``(5) Reports to congress.--Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties.''.

This bill requires the National Flood Insurance Program (NFIP) to establish a grant program to support community action to address repetitively flooded areas.

This bill requires the Federal Emergency Management Agency (FEMA) to establish a grant program to support community action to address repetitively flooded areas. Specifically, FEMA must award grants to eligible communities that are participating in the National Flood Insurance Program (NFIP) and have at least 50 repetitive loss structures (i.e., structures that have been identified by FEMA as a priority for mitigation activities) or have not been conducted, and within which are located, not fewer than five severe repetitive loss structure and not more than 50 severe repetitive-loss structures. FEMA must also establish a program to award grants for community-based mitigation activities

This bill directs the Federal Emergency Management Agency (FEMA) to require a community that participates in the national flood insurance program to (1) determine, with assistance from FEMA, the areas within the community in which properties are located in order to identify areas that are repeatedly damaged by floods; (2) assess future conditions that may represent continuing risks to such areas; and (3) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas. The community must submit the plan to FEMA at appropriate intervals and report on progress in reducing flood risk available to the public.

This bill requires the Federal Emergency Management Agency (FEMA) to require communities that participate in the National Flood Insurance Program to take certain actions to address areas that are repeatedly damaged by floods. Specifically, FEMA must require a community to (1) determine, with assistance from FEMA, the areas within the community in which properties are located, (2) assess future conditions that may represent continuing risks to such areas, (3) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas, and (4) submit the plan and any plan updates to FEMA at appropriate intervals. FEMA must consider the extent

This bill directs the Federal Emergency Management Agency (FEMA) to require a community participating in the national flood insurance program to (1) determine, with assistance from FEMA, the areas within the community in which properties are located in order to identify areas that are repeatedly damaged by floods; (2) assess future conditions that may represent continuing risks to the repeatedly damaged areas; (3) develop a community-specific plan for mitigating continuing flood risks to those areas; and (4) implement the plan. FEMA must also report on the plan's progress.

This bill authorizes the Federal Emergency Management Agency (FEMA) to issue policies and regulations to assist communities in identifying areas that are repeatedly flooded by floods and developing plans for mitigating continuing flood risks. Specifically, FEMA must require a community participating in the National Flood Insurance Program to (1) determine, with assistance from FEMA, the areas within the community in which properties are located in order to identify areas that have been repeatedly damaged by floods; (2) assess future conditions that may represent continuing risks to such areas; (3) develop a community-specific plan for mitigating such risks; and (4) submit the plan

This bill authorizes the National Flood Insurance Program (NFIP) to issue policies and regulations to assist communities in identifying repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems.

This bill authorizes the Federal Emergency Management Agency (FEMA) to issue appropriate policies and regulations to assist communities in identifying repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems.

To amend the National Flood Insurance Act of 1968 to facilitate � community action to address repetitively flooded areas, and for other                 󾌾                     (c)(2)(A) (42 U.S.C. 4022); ``(e) community action for Repeatedly Flooded Areas.--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-==-=-==-=-==-====- ==-= ==- ===-

Energy

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclaiming the Solar Supply Chain Act of 2022''. SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. (a) Definitions.--In this section: (1) Advanced solar technology.--The term ``advanced solar technology'' means any new or emerging technology, system, or mechanism, or component thereof, that uses solar radiation to generate electrical energy. (2) Direct current optimizer.--The term ``direct current optimizer'' means a product that converts direct current electricity from 1 or more solar modules or advanced solar technologies to a different direct current voltage that is matched to the input requirements of an inverter. (3) Direct loan.--The term ``direct loan'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (4) Eligible entity.--The term ``eligible entity'' means a private entity, including a manufacturer, or a partnership of private entities. (5) Employee; employer.--The terms ``employee'' and ``employer'' have the meanings given such terms in section 2 of the National Labor Relations Act (29 U.S.C. 152). (6) Forced labor.--The term ``forced labor'' has the meaning given the term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (7) Integrated module.--The term ``integrated module'' means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product that-- (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without additional manufacturing processes. (8) Inverter.--The term ``inverter'' means a product that converts direct current electricity from 1 or more solar modules or advanced solar technologies into alternating current electricity. (9) Labor organization.--The term ``labor organization'' has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (10) Photovoltaic cell.--The term ``photovoltaic cell'' means the smallest semiconductor element of a solar module that performs the immediate conversion of light into electricity. (11) Photovoltaic wafer.--The term ``photovoltaic wafer'' means a thin slice, sheet, or layer of semiconductor material of at least 240 square centimeters produced by a single manufacturer-- (A)(i) directly from molten solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer; or (ii) through formation of an ingot from molten polysilicon and subsequent slicing; and (B) that comprises the substrate or absorber layer of 1 or more photovoltaic cells. (12) Program.--The term ``program'' means the program established under subsection (c). (13) Racking.--The term ``racking'' means a structural steel or aluminum support element, of any cross-section shape and that may be assembled from individually manufactured segments, spanning longitudinally, on which solar modules are supported. (14) Secretary.--The term ``Secretary'' means the Secretary of Energy. (15) Solar component.--The term ``solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; (E) a solar module; (F) an inverter; (G) racking; (H) a tracker; (I) a direct current optimizer; and (J) any advanced solar technology for which the Secretary has issued a written finding under subsection (g). (16) Solar grade polysilicon.--The term ``solar grade polysilicon'' means silicon that-- (A) is suitable for use in photovoltaic manufacturing; and (B) is purified to a minimum purity of 99.999999 percent silicon by mass. (17) Solar module.--The term ``solar module'' means the connection and lamination of photovoltaic cells into an environmentally protected final assembly that-- (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without an additional manufacturing process. (18) Tracker.--The term ``tracker'' means-- (A) a structural steel support on which solar modules are supported; and (B) the mechanism by which that support is oriented to varying angles with respect to the position of the sun. (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. (b) Findings.--Congress finds that it is in the interest of the United States-- (1) to have a viable solar component manufacturing supply chain; and (2) to reduce the reliance of United States manufacturers on solar components made in the People's Republic of China. (c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for-- (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. (d) Application.--To be eligible to receive a grant or direct loan under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Selection.--In awarding grants and direct loans under the program, the Secretary shall take into consideration whether a project proposed by an eligible entity-- (1) is strategically located near manufacturers in the solar component manufacturing supply chain to create a geographic concentration of manufacturers in the solar component manufacturing supply chain; (2) has potential to materially reduce the reliance of United States manufacturers on solar components, including photovoltaic cells and photovoltaic wafers, made in the People's Republic of China; (3) has potential for direct and indirect domestic job creation, including jobs for low-income communities, dislocated workers, and workers from groups that are underrepresented in the manufacturing industry; and (4) will result in economic development or economic diversification in economically distressed regions or localities. (f) Direct Loan Conditions.--A direct loan made under the program shall-- (1) bear interest at a rate that does not exceed a level that the Secretary determines appropriate; and (2) be subject to such other terms and conditions as the Secretary determines appropriate. (g) Advanced Solar Technology Finding.--The Secretary may issue a written finding that an advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People's Republic of China. (h) Prohibition.--In carrying out the program, the Secretary may not award a grant or direct loan for a project that will source solar components from, or supply solar components to, facilities that use forced labor. (i) Cost Sharing for Grants.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under the program. (j) Prevailing Wages.-- (1) In general.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (k) Labor-Management Cooperation.-- (1) In general.--Notwithstanding any contrary provision of law, including the National Labor Relations Act (29 U.S.C. 151 et seq.), this subsection shall apply with respect to any funding recipient under this section who is an employer and any labor organization who represents, or seeks to represent, employees of such a funding recipient. (2) Labor peace.--Any employer receiving funds under this section shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for such purposes who perform or will perform work funded by this section have signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work pursuant to the National Labor Relations Act (29 U.S.C. 151 et seq.). Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). (3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. If the Board finds that a majority of the employees in a unit appropriate for purposes of collective bargaining who perform or will perform work funded under this section has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work pursuant to the National Labor Relations Act, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) with respect to such employees. (4) Commencement of collective bargaining.--Not later than 10 days after an employer receiving funding under this section receives a written request for collective bargaining from a recognized or certified labor organization representing employees who perform or will perform work funded under this section, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Upon receiving such a request, the Director of the Federal Mediation and Conciliation Service shall promptly communicate with the parties and use best efforts, by mediation and conciliation, to bring them to agreement. (6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. (B) Members.--A tripartite arbitration panel established under this paragraph with respect to a dispute shall be composed of 1 member selected by the labor organization, 1 member selected by the employer, and 1 neutral member mutually agreed to by the parties. The labor organization and employer shall each select the members of the tripartite arbitration panel within 14 days of the Service's referral. Any member not so selected by such date shall be selected by the Service. (C) Dispute settlement.--A majority of a tripartite arbitration panel established under this paragraph with respect to a dispute shall render a decision settling the dispute as soon as practicable, and (absent extraordinary circumstances or by agreement or permission of the parties) not later than 120 days after the establishment of such panel. Such a decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on-- (i) the employer's financial status and prospects; (ii) the size and type of the employer's operations and business; (iii) the employees' cost of living; (iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits that other employers in the same business provide their employees. (7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (l) Funds.-- (1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $600,000,000 for each of fiscal years 2022 through 2026. (2) Costs of direct loans.--The Secretary may use any amounts made available under paragraph (1) to pay the costs of providing direct loans under the program. (3) Set aside.--Not less than $20,000,000 of the amount made available to carry out this section each fiscal year under paragraph (1) shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities. <all>

This bill requires the Department of Energy to establish a program that awards grants and direct loans to support a solar component manufacturing supply chain. Under the program, manufacturers and other eligible entities must use grants and loans for (1) constructing new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture solar components.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. (4) Eligible entity.--The term ``eligible entity'' means a private entity, including a manufacturer, or a partnership of private entities. (8) Inverter.--The term ``inverter'' means a product that converts direct current electricity from 1 or more solar modules or advanced solar technologies into alternating current electricity. (9) Labor organization.--The term ``labor organization'' has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. and section 3145 of title 40, United States Code. 151 et seq. If the Board finds that a majority of the employees in a unit appropriate for purposes of collective bargaining who perform or will perform work funded under this section has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work pursuant to the National Labor Relations Act, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) with respect to such employees. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. The labor organization and employer shall each select the members of the tripartite arbitration panel within 14 days of the Service's referral. Any member not so selected by such date shall be selected by the Service. Such a decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. (7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (2) Costs of direct loans.--The Secretary may use any amounts made available under paragraph (1) to pay the costs of providing direct loans under the program.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. (4) Eligible entity.--The term ``eligible entity'' means a private entity, including a manufacturer, or a partnership of private entities. (8) Inverter.--The term ``inverter'' means a product that converts direct current electricity from 1 or more solar modules or advanced solar technologies into alternating current electricity. (9) Labor organization.--The term ``labor organization'' has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. and section 3145 of title 40, United States Code. 151 et seq. 159(a)) with respect to such employees. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Any member not so selected by such date shall be selected by the Service. (7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (2) Costs of direct loans.--The Secretary may use any amounts made available under paragraph (1) to pay the costs of providing direct loans under the program.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. (4) Eligible entity.--The term ``eligible entity'' means a private entity, including a manufacturer, or a partnership of private entities. (8) Inverter.--The term ``inverter'' means a product that converts direct current electricity from 1 or more solar modules or advanced solar technologies into alternating current electricity. (9) Labor organization.--The term ``labor organization'' has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (11) Photovoltaic wafer.--The term ``photovoltaic wafer'' means a thin slice, sheet, or layer of semiconductor material of at least 240 square centimeters produced by a single manufacturer-- (A)(i) directly from molten solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer; or (ii) through formation of an ingot from molten polysilicon and subsequent slicing; and (B) that comprises the substrate or absorber layer of 1 or more photovoltaic cells. (13) Racking.--The term ``racking'' means a structural steel or aluminum support element, of any cross-section shape and that may be assembled from individually manufactured segments, spanning longitudinally, on which solar modules are supported. (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. (g) Advanced Solar Technology Finding.--The Secretary may issue a written finding that an advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People's Republic of China. and section 3145 of title 40, United States Code. 151 et seq. ), this subsection shall apply with respect to any funding recipient under this section who is an employer and any labor organization who represents, or seeks to represent, employees of such a funding recipient. If the Board finds that a majority of the employees in a unit appropriate for purposes of collective bargaining who perform or will perform work funded under this section has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work pursuant to the National Labor Relations Act, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) with respect to such employees. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. The labor organization and employer shall each select the members of the tripartite arbitration panel within 14 days of the Service's referral. Any member not so selected by such date shall be selected by the Service. Such a decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on-- (i) the employer's financial status and prospects; (ii) the size and type of the employer's operations and business; (iii) the employees' cost of living; (iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits that other employers in the same business provide their employees. (7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (l) Funds.-- (1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $600,000,000 for each of fiscal years 2022 through 2026. (2) Costs of direct loans.--The Secretary may use any amounts made available under paragraph (1) to pay the costs of providing direct loans under the program.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. SEC. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. 661a). (4) Eligible entity.--The term ``eligible entity'' means a private entity, including a manufacturer, or a partnership of private entities. 1307). (8) Inverter.--The term ``inverter'' means a product that converts direct current electricity from 1 or more solar modules or advanced solar technologies into alternating current electricity. (9) Labor organization.--The term ``labor organization'' has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (11) Photovoltaic wafer.--The term ``photovoltaic wafer'' means a thin slice, sheet, or layer of semiconductor material of at least 240 square centimeters produced by a single manufacturer-- (A)(i) directly from molten solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer; or (ii) through formation of an ingot from molten polysilicon and subsequent slicing; and (B) that comprises the substrate or absorber layer of 1 or more photovoltaic cells. (13) Racking.--The term ``racking'' means a structural steel or aluminum support element, of any cross-section shape and that may be assembled from individually manufactured segments, spanning longitudinally, on which solar modules are supported. (17) Solar module.--The term ``solar module'' means the connection and lamination of photovoltaic cells into an environmentally protected final assembly that-- (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without an additional manufacturing process. (18) Tracker.--The term ``tracker'' means-- (A) a structural steel support on which solar modules are supported; and (B) the mechanism by which that support is oriented to varying angles with respect to the position of the sun. (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. (c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for-- (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. (g) Advanced Solar Technology Finding.--The Secretary may issue a written finding that an advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People's Republic of China. (j) Prevailing Wages.-- (1) In general.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). App.) and section 3145 of title 40, United States Code. 151 et seq. ), this subsection shall apply with respect to any funding recipient under this section who is an employer and any labor organization who represents, or seeks to represent, employees of such a funding recipient. If the Board finds that a majority of the employees in a unit appropriate for purposes of collective bargaining who perform or will perform work funded under this section has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work pursuant to the National Labor Relations Act, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) with respect to such employees. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. The labor organization and employer shall each select the members of the tripartite arbitration panel within 14 days of the Service's referral. Any member not so selected by such date shall be selected by the Service. Such a decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on-- (i) the employer's financial status and prospects; (ii) the size and type of the employer's operations and business; (iii) the employees' cost of living; (iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits that other employers in the same business provide their employees. (7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (l) Funds.-- (1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $600,000,000 for each of fiscal years 2022 through 2026. (2) Costs of direct loans.--The Secretary may use any amounts made available under paragraph (1) to pay the costs of providing direct loans under the program.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. 3) Direct loan.--The term ``direct loan'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). ( (6) Forced labor.--The term ``forced labor'' has the meaning given the term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). ( 7) Integrated module.--The term ``integrated module'' means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product that-- (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without additional manufacturing processes. ( (13) Racking.--The term ``racking'' means a structural steel or aluminum support element, of any cross-section shape and that may be assembled from individually manufactured segments, spanning longitudinally, on which solar modules are supported. ( 15) Solar component.--The term ``solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; (E) a solar module; (F) an inverter; (G) racking; (H) a tracker; (I) a direct current optimizer; and (J) any advanced solar technology for which the Secretary has issued a written finding under subsection (g). ( (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. ( c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for-- (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. ( f) Direct Loan Conditions.--A direct loan made under the program shall-- (1) bear interest at a rate that does not exceed a level that the Secretary determines appropriate; and (2) be subject to such other terms and conditions as the Secretary determines appropriate. ( g) Advanced Solar Technology Finding.--The Secretary may issue a written finding that an advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People's Republic of China. ( (i) Cost Sharing for Grants.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under the program. ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. 4) Commencement of collective bargaining.--Not later than 10 days after an employer receiving funding under this section receives a written request for collective bargaining from a recognized or certified labor organization representing employees who perform or will perform work funded under this section, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( (C) Dispute settlement.--A majority of a tripartite arbitration panel established under this paragraph with respect to a dispute shall render a decision settling the dispute as soon as practicable, and (absent extraordinary circumstances or by agreement or permission of the parties) not later than 120 days after the establishment of such panel. 7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. ( (3) Set aside.--Not less than $20,000,000 of the amount made available to carry out this section each fiscal year under paragraph (1) shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. ( 3) Direct loan.--The term ``direct loan'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). ( (10) Photovoltaic cell.--The term ``photovoltaic cell'' means the smallest semiconductor element of a solar module that performs the immediate conversion of light into electricity. ( 15) Solar component.--The term ``solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; (E) a solar module; (F) an inverter; (G) racking; (H) a tracker; (I) a direct current optimizer; and (J) any advanced solar technology for which the Secretary has issued a written finding under subsection (g). ( (b) Findings.--Congress finds that it is in the interest of the United States-- (1) to have a viable solar component manufacturing supply chain; and (2) to reduce the reliance of United States manufacturers on solar components made in the People's Republic of China. ( c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for-- (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. ( (h) Prohibition.--In carrying out the program, the Secretary may not award a grant or direct loan for a project that will source solar components from, or supply solar components to, facilities that use forced labor. ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( Such decision shall be based on-- (i) the employer's financial status and prospects; (ii) the size and type of the employer's operations and business; (iii) the employees' cost of living; (iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits that other employers in the same business provide their employees. ( 7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. ( 3) Direct loan.--The term ``direct loan'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). ( (10) Photovoltaic cell.--The term ``photovoltaic cell'' means the smallest semiconductor element of a solar module that performs the immediate conversion of light into electricity. ( 15) Solar component.--The term ``solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; (E) a solar module; (F) an inverter; (G) racking; (H) a tracker; (I) a direct current optimizer; and (J) any advanced solar technology for which the Secretary has issued a written finding under subsection (g). ( (b) Findings.--Congress finds that it is in the interest of the United States-- (1) to have a viable solar component manufacturing supply chain; and (2) to reduce the reliance of United States manufacturers on solar components made in the People's Republic of China. ( c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for-- (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. ( (h) Prohibition.--In carrying out the program, the Secretary may not award a grant or direct loan for a project that will source solar components from, or supply solar components to, facilities that use forced labor. ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( Such decision shall be based on-- (i) the employer's financial status and prospects; (ii) the size and type of the employer's operations and business; (iii) the employees' cost of living; (iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits that other employers in the same business provide their employees. ( 7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. 3) Direct loan.--The term ``direct loan'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). ( (6) Forced labor.--The term ``forced labor'' has the meaning given the term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). ( 7) Integrated module.--The term ``integrated module'' means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product that-- (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without additional manufacturing processes. ( (13) Racking.--The term ``racking'' means a structural steel or aluminum support element, of any cross-section shape and that may be assembled from individually manufactured segments, spanning longitudinally, on which solar modules are supported. ( 15) Solar component.--The term ``solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; (E) a solar module; (F) an inverter; (G) racking; (H) a tracker; (I) a direct current optimizer; and (J) any advanced solar technology for which the Secretary has issued a written finding under subsection (g). ( (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. ( c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for-- (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. ( f) Direct Loan Conditions.--A direct loan made under the program shall-- (1) bear interest at a rate that does not exceed a level that the Secretary determines appropriate; and (2) be subject to such other terms and conditions as the Secretary determines appropriate. ( g) Advanced Solar Technology Finding.--The Secretary may issue a written finding that an advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People's Republic of China. ( (i) Cost Sharing for Grants.--Section 988(c) of the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under the program. ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. 4) Commencement of collective bargaining.--Not later than 10 days after an employer receiving funding under this section receives a written request for collective bargaining from a recognized or certified labor organization representing employees who perform or will perform work funded under this section, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( (C) Dispute settlement.--A majority of a tripartite arbitration panel established under this paragraph with respect to a dispute shall render a decision settling the dispute as soon as practicable, and (absent extraordinary circumstances or by agreement or permission of the parties) not later than 120 days after the establishment of such panel. 7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. ( (3) Set aside.--Not less than $20,000,000 of the amount made available to carry out this section each fiscal year under paragraph (1) shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE. ( 3) Direct loan.--The term ``direct loan'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). ( (10) Photovoltaic cell.--The term ``photovoltaic cell'' means the smallest semiconductor element of a solar module that performs the immediate conversion of light into electricity. ( 15) Solar component.--The term ``solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; (E) a solar module; (F) an inverter; (G) racking; (H) a tracker; (I) a direct current optimizer; and (J) any advanced solar technology for which the Secretary has issued a written finding under subsection (g). ( (b) Findings.--Congress finds that it is in the interest of the United States-- (1) to have a viable solar component manufacturing supply chain; and (2) to reduce the reliance of United States manufacturers on solar components made in the People's Republic of China. ( c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for-- (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. ( (h) Prohibition.--In carrying out the program, the Secretary may not award a grant or direct loan for a project that will source solar components from, or supply solar components to, facilities that use forced labor. ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( Such decision shall be based on-- (i) the employer's financial status and prospects; (ii) the size and type of the employer's operations and business; (iii) the employees' cost of living; (iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits that other employers in the same business provide their employees. ( 7) Subcontractors.--Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. 7) Integrated module.--The term ``integrated module'' means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product that-- (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without additional manufacturing processes. ( ( ( (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( ( ( (3) Set aside.--Not less than $20,000,000 of the amount made available to carry out this section each fiscal year under paragraph (1) shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. b) Findings.--Congress finds that it is in the interest of the United States-- (1) to have a viable solar component manufacturing supply chain; and (2) to reduce the reliance of United States manufacturers on solar components made in the People's Republic of China. ( Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. (

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. 7) Integrated module.--The term ``integrated module'' means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product that-- (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without additional manufacturing processes. ( ( ( (19) Traditional solar component.--The term ``traditional solar component'' means-- (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. ( 2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. (5) Mediation.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( ( ( (3) Set aside.--Not less than $20,000,000 of the amount made available to carry out this section each fiscal year under paragraph (1) shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities.

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. b) Findings.--Congress finds that it is in the interest of the United States-- (1) to have a viable solar component manufacturing supply chain; and (2) to reduce the reliance of United States manufacturers on solar components made in the People's Republic of China. ( Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. (

To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer-- (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act (29 U.S.C. 159). ( 3) Certification.--If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. ( 6) Arbitration.-- (A) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. ( ( ( (

This bill requires the Department of Energy (DOE) to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain. Eligible entities include private entities, including a manufacturer, or a partnership of private entities. The bill also requires DOE to establish a grant program to support the development and commercialization of direct current optimizers (i.e., products that convert direct current electricity from one or more solar modules or advanced solar technologies to a different direct current voltage that is matched to the input requirements of an inverter).

This bill requires the Department of Energy (DOE) to establish a grant program to support and expand the domestic solar component manufacturing supply chain. Specifically, DOE must award grants and loans to support the development of domestic solar components manufacturing supply chains. Eligible entities include private entities, including a manufacturer, or a partnership of private entities.

This bill requires the Department of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain.

This bill requires the Department of Energy to establish a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain.

This bill directs the Department of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain.

This bill requires the Department of Energy (DOE) to establish a program to award grants and direct loans to eligible entities for (1) the construction of new facilities that manufacture solar components, and (2) retooling, retrofitting, or expanding existing facilities to manufacture such components. DOE may issue a written finding that an advanced solar technology has significant potential to reduce the reliance of U.S. manufacturers on traditional solar components made in China.

This bill requires the Department of Energy (DOE) to establish a program to award grants and direct loans to support and expand the domestic solar component manufacturing supply chain. Eligible projects include (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities. DOE may not award a grant or direct loan for a project that will source solar components from, or supply solar components to, facilities that use forced labor.

This bill requires the Department of Energy (DOE) to establish a program to award grants and direct loans to carry out projects in the United States for (1) the construction of new facilities that manufacture solar components, and (2) retooling, retrofitting, or expanding existing facilities to manufacture such components. DOE may also issue a written finding that an advanced solar technology has significant potential to reduce the reliance of U.S. manufacturers on traditional solar components made in China.

To require the Secretary of Energy to carry out a program to provide                 grants and loans to support and expand the domestic solar component fixme semiconductor manufacturing supply chain, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=--=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-==-=-==-==-=-=--=-=-=-=-=---=-====--==-=----=-=-=-=--=-=---==-_=-=-----=--_-=-=-_--=-_==-%=-%

Environmental Protection

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic 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 ``South Florida Ecosystem Enhancement Act of 2022''. SEC. 2. SOUTH FLORIDA PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 125. SOUTH FLORIDA. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(2) Senior advisor.--The term `Senior Advisor' means the Senior Advisor of the South Florida Program. ``(3) South florida.--The term `South Florida' means-- ``(A) all land and water within the administrative boundaries of the South Florida Water Management District and adjacent coastal waterbodies, including all coastal water landward of Florida's Coral Reef; and ``(B) Florida's Coral Reef and the associated patch reef, hard-bottom, and seagrass resources. ``(4) South florida ecosystem restoration task force.--The term `South Florida Ecosystem Task Force' means the South Florida Ecosystem Restoration Task Force established by section 528(f)(1) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. 3771). ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(6) South florida program.--The term `South Florida Program' means the South Florida Program established within the Water Division of the Region 4 Office of the Environmental Protection Agency. ``(b) South Florida Ecosystem Restoration Working Group.--The Senior Advisor shall serve as the representative of the Environmental Protection Agency on the South Florida Ecosystem Restoration Working Group. ``(c) Grant Program.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish a grant program (referred to in this subsection as the `grant program') to carry out projects to monitor, enhance, or restore water quality, wetlands, aquatic ecosystems, or marine habitat-- ``(A) in South Florida; and ``(B) outside of South Florida but within the study area boundaries of-- ``(i) the Indian River Lagoon National Estuary Program authorized under section 320; and ``(ii) the Coastal and Heartland National Estuary Partnership authorized under that section. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(3) Selection.-- ``(A) Application.--An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(ii) Other sources of funding.-- ``(I) In general.--Subject to subclause (II), in selecting recipients of grants under the grant program, the Senior Advisor may not award a grant to carry out a water infrastructure activity that has received assistance-- ``(aa) from a State water pollution control revolving fund established under title VI; ``(bb) from a State drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); or ``(cc) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(4) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 33 percent shall be used to carry out this subsection. ``(d) Support for South Florida Ecosystem Restoration Special Projects and Activities.-- ``(1) Interagency agreement.--The Senior Advisor shall, on an annual basis, develop and execute interagency agreements or cooperative agreements with appropriate Federal, State, local, or Tribal agencies to provide funding for 1 or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force. ``(2) Coordination.--The Senior Advisor shall coordinate with the Senior Advisor of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. 3767), title VI of the Water Resources Development Act of 2000 (Public Law 106-541; 114 Stat. 2680), and other applicable law to restore the South Florida ecosystem. ``(3) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 50 percent shall be used to carry out this subsection. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(3) Use of funds.--Each fiscal year, the Senior Advisor shall award grants under the grant program for public engagement, environmental literacy, and education efforts with respect to any of the following: ``(A) Biscayne Bay. ``(B) Caloosahatchee River and Estuary. ``(C) Charlotte Harbor. ``(D) The Everglades. ``(E) Everglades Headwaters. ``(F) Florida Bay. ``(G) Florida's Coral Reef. ``(H) Lake Okeechobee. ``(I) Loxahatchee River and Lake Worth Lagoon. ``(J) Indian River Lagoon. ``(K) St. Lucie River and Estuary. ``(4) Selection.-- ``(A) Application.--An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. ``(B) Priority consideration.--In selecting entities to be awarded grants under the grant program, the Senior Advisor shall give priority to applications that seek to fund field trips for socially disadvantaged students in public elementary schools and public secondary schools to access publicly protected lands and natural resources. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. ``(B) Waiver.--The Senior Advisor may waive the Federal share requirement under subparagraph (A) for projects carried out to support efforts described in paragraph (4)(B). ``(6) Allocation.--Of the amounts made available to carry out this section each fiscal year, the Senior Advisor may use not more than 1 percent to carry out this subsection. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 to carry out this section. ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs.''. <all>

This bill provides support for ecosystems located within (1) the administrative boundaries of the South Florida Water Management District and adjacent coastal waterbodies, including all coastal water landward of Florida's Coral Reef; and (2) Florida's Coral Reef and the associated patch reef, hard-bottom, and seagrass resources.

SEC. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 125. SOUTH FLORIDA. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(2) Senior advisor.--The term `Senior Advisor' means the Senior Advisor of the South Florida Program. 3771). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(d) Support for South Florida Ecosystem Restoration Special Projects and Activities.-- ``(1) Interagency agreement.--The Senior Advisor shall, on an annual basis, develop and execute interagency agreements or cooperative agreements with appropriate Federal, State, local, or Tribal agencies to provide funding for 1 or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force. 3767), title VI of the Water Resources Development Act of 2000 (Public Law 106-541; 114 Stat. ``(3) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 50 percent shall be used to carry out this subsection. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(D) The Everglades. ``(E) Everglades Headwaters. ``(F) Florida Bay. ``(G) Florida's Coral Reef. ``(H) Lake Okeechobee. ``(J) Indian River Lagoon. ``(4) Selection.-- ``(A) Application.--An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 to carry out this section.

SEC. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) SOUTH FLORIDA. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(2) Senior advisor.--The term `Senior Advisor' means the Senior Advisor of the South Florida Program. 3771). 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(d) Support for South Florida Ecosystem Restoration Special Projects and Activities.-- ``(1) Interagency agreement.--The Senior Advisor shall, on an annual basis, develop and execute interagency agreements or cooperative agreements with appropriate Federal, State, local, or Tribal agencies to provide funding for 1 or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force. 3767), title VI of the Water Resources Development Act of 2000 (Public Law 106-541; 114 Stat. ``(3) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 50 percent shall be used to carry out this subsection. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(D) The Everglades. ``(E) Everglades Headwaters. ``(F) Florida Bay. ``(G) Florida's Coral Reef. ``(H) Lake Okeechobee. ``(J) Indian River Lagoon. ``(4) Selection.-- ``(A) Application.--An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 125. SOUTH FLORIDA. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(2) Senior advisor.--The term `Senior Advisor' means the Senior Advisor of the South Florida Program. 3771). ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(c) Grant Program.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish a grant program (referred to in this subsection as the `grant program') to carry out projects to monitor, enhance, or restore water quality, wetlands, aquatic ecosystems, or marine habitat-- ``(A) in South Florida; and ``(B) outside of South Florida but within the study area boundaries of-- ``(i) the Indian River Lagoon National Estuary Program authorized under section 320; and ``(ii) the Coastal and Heartland National Estuary Partnership authorized under that section. ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(d) Support for South Florida Ecosystem Restoration Special Projects and Activities.-- ``(1) Interagency agreement.--The Senior Advisor shall, on an annual basis, develop and execute interagency agreements or cooperative agreements with appropriate Federal, State, local, or Tribal agencies to provide funding for 1 or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force. 3767), title VI of the Water Resources Development Act of 2000 (Public Law 106-541; 114 Stat. ``(3) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 50 percent shall be used to carry out this subsection. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(C) Charlotte Harbor. ``(D) The Everglades. ``(E) Everglades Headwaters. ``(F) Florida Bay. ``(G) Florida's Coral Reef. ``(H) Lake Okeechobee. ``(J) Indian River Lagoon. ``(K) St. Lucie River and Estuary. ``(4) Selection.-- ``(A) Application.--An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. ``(B) Priority consideration.--In selecting entities to be awarded grants under the grant program, the Senior Advisor shall give priority to applications that seek to fund field trips for socially disadvantaged students in public elementary schools and public secondary schools to access publicly protected lands and natural resources. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 to carry out this section. ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs.''.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic 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. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 125. SOUTH FLORIDA. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(2) Senior advisor.--The term `Senior Advisor' means the Senior Advisor of the South Florida Program. ``(3) South florida.--The term `South Florida' means-- ``(A) all land and water within the administrative boundaries of the South Florida Water Management District and adjacent coastal waterbodies, including all coastal water landward of Florida's Coral Reef; and ``(B) Florida's Coral Reef and the associated patch reef, hard-bottom, and seagrass resources. 3771). ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(6) South florida program.--The term `South Florida Program' means the South Florida Program established within the Water Division of the Region 4 Office of the Environmental Protection Agency. ``(c) Grant Program.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish a grant program (referred to in this subsection as the `grant program') to carry out projects to monitor, enhance, or restore water quality, wetlands, aquatic ecosystems, or marine habitat-- ``(A) in South Florida; and ``(B) outside of South Florida but within the study area boundaries of-- ``(i) the Indian River Lagoon National Estuary Program authorized under section 320; and ``(ii) the Coastal and Heartland National Estuary Partnership authorized under that section. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(ii) Other sources of funding.-- ``(I) In general.--Subject to subclause (II), in selecting recipients of grants under the grant program, the Senior Advisor may not award a grant to carry out a water infrastructure activity that has received assistance-- ``(aa) from a State water pollution control revolving fund established under title VI; ``(bb) from a State drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); or ``(cc) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(d) Support for South Florida Ecosystem Restoration Special Projects and Activities.-- ``(1) Interagency agreement.--The Senior Advisor shall, on an annual basis, develop and execute interagency agreements or cooperative agreements with appropriate Federal, State, local, or Tribal agencies to provide funding for 1 or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force. 3767), title VI of the Water Resources Development Act of 2000 (Public Law 106-541; 114 Stat. 2680), and other applicable law to restore the South Florida ecosystem. ``(3) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 50 percent shall be used to carry out this subsection. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(C) Charlotte Harbor. ``(D) The Everglades. ``(E) Everglades Headwaters. ``(F) Florida Bay. ``(G) Florida's Coral Reef. ``(H) Lake Okeechobee. ``(I) Loxahatchee River and Lake Worth Lagoon. ``(J) Indian River Lagoon. ``(K) St. Lucie River and Estuary. ``(4) Selection.-- ``(A) Application.--An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. ``(B) Priority consideration.--In selecting entities to be awarded grants under the grant program, the Senior Advisor shall give priority to applications that seek to fund field trips for socially disadvantaged students in public elementary schools and public secondary schools to access publicly protected lands and natural resources. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 to carry out this section. ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs.''.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(6) South florida program.--The term `South Florida Program' means the South Florida Program established within the Water Division of the Region 4 Office of the Environmental Protection Agency. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(4) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 33 percent shall be used to carry out this subsection. ``(2) Coordination.--The Senior Advisor shall coordinate with the Senior Advisor of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(G) Florida's Coral Reef. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. ``(6) Allocation.--Of the amounts made available to carry out this section each fiscal year, the Senior Advisor may use not more than 1 percent to carry out this subsection.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. is amended by adding at the end the following: ``SEC. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(D) The Everglades. ``(B) Waiver.--The Senior Advisor may waive the Federal share requirement under subparagraph (A) for projects carried out to support efforts described in paragraph (4)(B). ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs.''.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. is amended by adding at the end the following: ``SEC. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(D) The Everglades. ``(B) Waiver.--The Senior Advisor may waive the Federal share requirement under subparagraph (A) for projects carried out to support efforts described in paragraph (4)(B). ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs.''.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(6) South florida program.--The term `South Florida Program' means the South Florida Program established within the Water Division of the Region 4 Office of the Environmental Protection Agency. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(4) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 33 percent shall be used to carry out this subsection. ``(2) Coordination.--The Senior Advisor shall coordinate with the Senior Advisor of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(G) Florida's Coral Reef. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. ``(6) Allocation.--Of the amounts made available to carry out this section each fiscal year, the Senior Advisor may use not more than 1 percent to carry out this subsection.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. is amended by adding at the end the following: ``SEC. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(D) The Everglades. ``(B) Waiver.--The Senior Advisor may waive the Federal share requirement under subparagraph (A) for projects carried out to support efforts described in paragraph (4)(B). ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs.''.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. ``(a) Definitions.--In this section: ``(1) Science coordination group.--The term `Science Coordination Group' means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(6) South florida program.--The term `South Florida Program' means the South Florida Program established within the Water Division of the Region 4 Office of the Environmental Protection Agency. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(4) Allocation.--Of the amounts made available to carry out this section each fiscal year, not less than 33 percent shall be used to carry out this subsection. ``(2) Coordination.--The Senior Advisor shall coordinate with the Senior Advisor of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(G) Florida's Coral Reef. ``(5) Cost-share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. ``(6) Allocation.--Of the amounts made available to carry out this section each fiscal year, the Senior Advisor may use not more than 1 percent to carry out this subsection.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. is amended by adding at the end the following: ``SEC. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is-- ``(A) a State agency; ``(B) a unit of local government; ``(C) an institution of higher education; ``(D) a federally recognized Indian Tribe; and ``(E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. ``(B) Limitations.-- ``(i) Location of projects.--Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(B) Caloosahatchee River and Estuary. ``(D) The Everglades. ``(B) Waiver.--The Senior Advisor may waive the Federal share requirement under subparagraph (A) for projects carried out to support efforts described in paragraph (4)(B). ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs.''.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(2) Coordination.--The Senior Advisor shall coordinate with the Senior Advisor of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education. ``(2) Administrative costs.--Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs. ''.

To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes. ``(5) South florida ecosystem restoration working group.-- The term `South Florida Ecosystem Working Group' means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat 3771). ``(II) Exception.--The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a))), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. ``(2) Coordination.--The Senior Advisor shall coordinate with the Senior Advisor of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. ``(e) Education Grants.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Senior Advisor shall establish an education grant program (referred to in this subsection as the `grant program') to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. ``(2) Eligible entities.--An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is-- ``(A) a State, local, or Tribal government entity, including a public school district; ``(B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or ``(C) an institution of higher education.

This bill reauthorizes through FY2027 the South Florida Geographic Program, which supports the restoration of Florida's Coral Reef and the associated patch reef, hard-bottom, and seagrass resources.

This bill reauthorizes through FY2026 and revises the South Florida Geographic Program, which supports the restoration of ecosystems in Florida's Coral Reef and adjacent coastal waterbodies.

This bill establishes the South Florida Program to support ecosystem restoration projects in South Florida. Specifically, the program must provide grants to state, local, and tribal governments, public school districts, and institutions of higher education for special projects or activities to improve habitat and other ecosystem functions in the Caloosahatchee River and Estuary, the Indian River Lagoon, the Everglades, the Florida Bay, and Lake Okeechobee.

This bill establishes the South Florida Ecosystem Restoration Science Coordination Group within the Environmental Protection Agency (EPA). The task force must develop and execute interagency agreements or cooperative agreements with appropriate federal, state, local, or tribal agencies to provide funding for special projects or activities within South Florida on the recommendation of the task force. In addition, the EPA must establish a grant program to support ecosystem restoration projects in the Everglades, the Caloosahatchee River and Estuary, the Florida Bay, and Lake Okeechob

This bill directs the Senior Advisor of the South Florida Program to establish a grant program to monitor, enhance, or restore water quality, wetlands, aquatic ecosystems, or marine habitat in South Florida and outside of South Florida.

This bill reauthorizes through FY2026 the South Florida Geographic Program, which provides grants to monitor, enhance, or restore water quality, wetlands, aquatic ecosystems, or marine habitat in South Florida and outside of South Florida.

This bill reauthorizes through FY2027 the South Florida Geographic Program, which provides grants to state, local, and tribal governments, institutions of higher education, and other entities to improve water quality in regional bodies of water in South Florida.

This bill reauthorizes through FY2026 the South Florida Geographic Program, which provides grants to state, local, and tribal governments, institutions of higher education, and entities focused on public engagement, environmental literacy, or education efforts in South Florida. The bill also establishes an education grant program to support educational and environmental literacy efforts focused on regional bodies of water in Florida.

To amend the Federal Water Pollution Control Act to reauthorize the � The South Florida Ecosystem Enhancement Enhancement (South Florida Enhancement ) Florida program, and for other purposes. ``(a) Definitions.--In this section:=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-.-=-=-=-=-=-=-=-=-=-=---=-=-=-=-+=-=-=-==-=-=--=-=-=-===-=-=---=-=-=-!=-=-=-!"=-=-=-"=-=-=-+

Government Operations and Politics

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 2021''. SEC. 2. 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 new section: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given that 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). Such guidance 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 new item: ``307. Information regarding settlement agreements.''. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by 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 Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. SEC. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a)(2) of title 5, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(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;''. SEC. 4. 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. 5. EFFECTIVE DATE; APPLICABILITY. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. 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. Passed the House of Representatives January 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.

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. 307. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). Such guidance 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.''. (d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. 4. 5. EFFECTIVE DATE; APPLICABILITY. SEC. DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives January 5, 2021.

2. 307. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). Such guidance 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.''. (d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. 4. 5. EFFECTIVE DATE; APPLICABILITY. SEC. DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives January 5, 2021.

2. 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. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(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). Such guidance 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.''. (d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. 4. RULE OF CONSTRUCTION. 5. EFFECTIVE DATE; APPLICABILITY. 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. Passed the House of Representatives January 5, 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. 307. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(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). Such guidance 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. ``(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 new item: ``307. Information regarding settlement agreements.''. (d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. 4. 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''). 5. EFFECTIVE DATE; APPLICABILITY. 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. Passed the House of Representatives January 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.

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 that term in section 6501 of title 31. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(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). ``(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 new item: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by 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 Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 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''). Passed the House of Representatives January 5, 2021.

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 that term in section 6501 of title 31. ``(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 new item: ``307. d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. Passed the House of Representatives January 5, 2021.

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 that term in section 6501 of title 31. ``(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 new item: ``307. d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. Passed the House of Representatives January 5, 2021.

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 that term in section 6501 of title 31. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(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). ``(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 new item: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by 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 Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 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''). Passed the House of Representatives January 5, 2021.

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 that term in section 6501 of title 31. ``(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 new item: ``307. d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. Passed the House of Representatives January 5, 2021.

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 that term in section 6501 of title 31. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(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). ``(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 new item: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by 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 Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 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''). Passed the House of Representatives January 5, 2021.

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 that term in section 6501 of title 31. ``(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 new item: ``307. d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. Passed the House of Representatives January 5, 2021.

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 that term in section 6501 of title 31. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(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). ``(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 new item: ``307. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by 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 Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. 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''). Passed the House of Representatives January 5, 2021.

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. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. Passed the House of Representatives January 5, 2021.

To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. ``(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). (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by 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 Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307.

This bill requires the Department of Justice (DOJ) to publish settlement agreements (including a consent decree) that (1) are entered into by an executive agency, and (2) relate to an alleged violation of federal civil or criminal law. DOJ must also publish settlement agreement information on its website.

This bill requires federal agencies to publish information regarding settlement agreements (including a consent decree) that (1) are entered into by an executive agency, and (2) relate to an alleged violation of federal civil or criminal law.

This bill requires the Office of Information and Regulatory Affairs of the Department of Justice (DOJ) to establish a publicly available database of settlement agreements entered into by executive agencies. The bill also requires DOJ to issue guidance to executive agencies on how to submit information to the database. Specifically, the bill requires each executive agency to (1) submit to DOJ a copy of each settlement agreement entered into, and (2) issue a written public statement explaining why the confidentiality provision in a settlement agreement or the sealing of such agreement is required to protect the public interest of the United States; and (3) provide DOJ with a copy

This bill requires executive agencies to establish a publicly available database of settlement agreements and other information relating to civil or criminal judicial actions. Specifically, the bill requires each executive agency to submit to the Government Accountability Office (GAO) a copy of each settlement agreement entered into by the agency and a written public statement explaining why such agreement is required to protect the public interest of the United States. The GAO must publish the information in a publicly accessible database.

This bill establishes a settlement agreement information database. The bill requires each executive agency to submit to the Government Accountability Office (GAO) a list of each settlement agreement entered into by the agency as a party to a lawsuit. The GAO must publish the information in a searchable format in a publicly available format. If the head of an executive agency determines that a confidentiality provision is required to protect the public interest, the agency must except the settlement agreement from the requirement and issue a written public statement stating why such action is required.

This bill requires each executive agency to submit to the Office of Management and Budget (OMB) a list of each settlement agreement entered into by the agency as a party to a lawsuit. The OMB must establish and maintain a public, searchable, downloadable database for executive agencies to directly upload and submit the information and documents required for immediate publication online.

This bill requires federal agencies to publish settlement agreements with respect to any settlement agreement entered into on or after January 5, 2021, and to the extent practicable, any such settlement agreement that remains in effect after the enactment of this bill. The Office of Management and Budget (OMB) must establish and maintain a public, searchable, downloadable database for executive agencies to directly upload and submit settlement agreements for immediate publication online.

This bill requires the Office of Management and Budget (OMB) to establish and maintain a public, searchable, downloadable database for executive agencies to directly upload and submit settlement agreements for immediate publication online.

To amend chapter 3 of title 5, United States Code, to require the                 Publication of Settlement Agreements, and for other purposes. ``( the Senate and House of Representatives of the SourceFileUnited States of America in Congress assembled,                SECTION 1. SHORT TITLE. This Act may be cited as the ``Settlement Agreement Information �Database Act of 2021''. ``( the House and Senate of the United States assembled, ``(the House and the Senate of                ) ``(the Senate) ``(a) Definitions.--In this section:=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

Health

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. Be it enacted by the Senate 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 Hospital Support Act''. SEC. 2. REBASING OF THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS. (a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. ``(ii) For purposes of this subparagraph, the term `subparagraph (M) rebased target amount' has the meaning given the term `target amount' in subparagraph (C), except that-- ``(I) there shall be substituted for the base cost reporting period the 12-month cost reporting period beginning during fiscal year 2016; ``(II) any reference in subparagraph (C)(i) to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022; and ``(III) the applicable percentage increase shall only be applied under subparagraph (C)(iv) for discharges occurring on or after October 1, 2022.''. (b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. SEC. 3. REBASING OF THE CALCULATION OF PAYMENTS FOR MEDICARE-DEPENDENT HOSPITALS. Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)), as amended by section 2, is amended-- (1) in subparagraph (D), by striking ``subparagraph (K)'' and inserting ``subparagraphs (K) and (N)''; and (2) by adding at the end the following new subparagraph: ``(N)(i) With respect to discharges occurring on or after October 1, 2022, in the case of a medicare- dependent, small rural hospital, for purposes of applying subparagraph (D)-- ``(I) there shall be substituted for the base cost reporting period described in subparagraph (D)(i) the 12-month cost reporting period beginning during fiscal year 2016; and ``(II) any reference in such subparagraph to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. SEC. 4. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. Section 1886(d)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. SEC. 5. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. (a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (b) Conforming Amendments.-- (1) Extension of target amount.--Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. (2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''. SEC. 6. EXTENSION OF THE INCREASED PAYMENTS UNDER THE MEDICARE LOW- VOLUME HOSPITAL PROGRAM. Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395(d)(12)) is amended-- (1) in subparagraph (B)-- (A) in the subparagraph heading, by inserting ``for fiscal years 2005 through 2010'' after ``increase''; and (B) in the matter preceding clause (i), by striking ``and for discharges occurring in fiscal year 2023 and subsequent fiscal years''; (2) in subparagraph (C)(i)-- (A) in the matter preceding subclause (I), by striking ``fiscal years 2011 through 2022'' and inserting ``fiscal year 2011 and subsequent fiscal years''; (B) in subclause (II), by adding ``and'' at the end; (C) in subclause (III)-- (i) by striking ``each of fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''; and (ii) by striking ``; and'' at the end and inserting a period; and (D) by striking subclause (IV); and (3) in subparagraph (D)-- (A) by amending the subparagraph heading to reach as follows: ``Applicable percentage increase beginning with fiscal year 2011.--''; (B) in the matter preceding clause (i), by striking ``fiscal years 2011 through 2022'' and inserting ``fiscal year 2011 and subsequent fiscal years''; and (C) in clause (ii), by striking ``each of fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''. <all>

This bill modifies and extends certain payment adjustments for rural hospitals under Medicare's inpatient prospective payment system. Specifically, the bill indexes payment adjustments for sole community hospitals and Medicare-dependent hospitals to FY2016 operating costs, if it results in higher payments for such hospitals. The bill also makes payment adjustments for Medicare-dependent hospitals and low-volume hospitals permanent (the adjustments currently expire at the end of FY2022).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. REBASING OF THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. 3. REBASING OF THE CALCULATION OF PAYMENTS FOR MEDICARE-DEPENDENT HOSPITALS. 1395ww(b)(3)), as amended by section 2, is amended-- (1) in subparagraph (D), by striking ``subparagraph (K)'' and inserting ``subparagraphs (K) and (N)''; and (2) by adding at the end the following new subparagraph: ``(N)(i) With respect to discharges occurring on or after October 1, 2022, in the case of a medicare- dependent, small rural hospital, for purposes of applying subparagraph (D)-- ``(I) there shall be substituted for the base cost reporting period described in subparagraph (D)(i) the 12-month cost reporting period beginning during fiscal year 2016; and ``(II) any reference in such subparagraph to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. Section 1886(d)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''. SEC. 6.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. REBASING OF THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. 3. REBASING OF THE CALCULATION OF PAYMENTS FOR MEDICARE-DEPENDENT HOSPITALS. 1395ww(b)(3)), as amended by section 2, is amended-- (1) in subparagraph (D), by striking ``subparagraph (K)'' and inserting ``subparagraphs (K) and (N)''; and (2) by adding at the end the following new subparagraph: ``(N)(i) With respect to discharges occurring on or after October 1, 2022, in the case of a medicare- dependent, small rural hospital, for purposes of applying subparagraph (D)-- ``(I) there shall be substituted for the base cost reporting period described in subparagraph (D)(i) the 12-month cost reporting period beginning during fiscal year 2016; and ``(II) any reference in such subparagraph to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. Section 1886(d)(4)(C) of the Social Security Act (42 U.S.C. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''. SEC. 6.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. Be it enacted by the Senate 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 Hospital Support Act''. 2. REBASING OF THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS. (b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. 3. REBASING OF THE CALCULATION OF PAYMENTS FOR MEDICARE-DEPENDENT HOSPITALS. 1395ww(b)(3)), as amended by section 2, is amended-- (1) in subparagraph (D), by striking ``subparagraph (K)'' and inserting ``subparagraphs (K) and (N)''; and (2) by adding at the end the following new subparagraph: ``(N)(i) With respect to discharges occurring on or after October 1, 2022, in the case of a medicare- dependent, small rural hospital, for purposes of applying subparagraph (D)-- ``(I) there shall be substituted for the base cost reporting period described in subparagraph (D)(i) the 12-month cost reporting period beginning during fiscal year 2016; and ``(II) any reference in such subparagraph to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. Section 1886(d)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''. SEC. 6. EXTENSION OF THE INCREASED PAYMENTS UNDER THE MEDICARE LOW- VOLUME HOSPITAL PROGRAM. 1395(d)(12)) is amended-- (1) in subparagraph (B)-- (A) in the subparagraph heading, by inserting ``for fiscal years 2005 through 2010'' after ``increase''; and (B) in the matter preceding clause (i), by striking ``and for discharges occurring in fiscal year 2023 and subsequent fiscal years''; (2) in subparagraph (C)(i)-- (A) in the matter preceding subclause (I), by striking ``fiscal years 2011 through 2022'' and inserting ``fiscal year 2011 and subsequent fiscal years''; (B) in subclause (II), by adding ``and'' at the end; (C) in subclause (III)-- (i) by striking ``each of fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''; and (ii) by striking ``; and'' at the end and inserting a period; and (D) by striking subclause (IV); and (3) in subparagraph (D)-- (A) by amending the subparagraph heading to reach as follows: ``Applicable percentage increase beginning with fiscal year 2011.--''; (B) in the matter preceding clause (i), by striking ``fiscal years 2011 through 2022'' and inserting ``fiscal year 2011 and subsequent fiscal years''; and (C) in clause (ii), by striking ``each of fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. Be it enacted by the Senate 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 Hospital Support Act''. 2. REBASING OF THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS. (a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. ``(ii) For purposes of this subparagraph, the term `subparagraph (M) rebased target amount' has the meaning given the term `target amount' in subparagraph (C), except that-- ``(I) there shall be substituted for the base cost reporting period the 12-month cost reporting period beginning during fiscal year 2016; ``(II) any reference in subparagraph (C)(i) to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022; and ``(III) the applicable percentage increase shall only be applied under subparagraph (C)(iv) for discharges occurring on or after October 1, 2022.''. (b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. 3. REBASING OF THE CALCULATION OF PAYMENTS FOR MEDICARE-DEPENDENT HOSPITALS. Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)), as amended by section 2, is amended-- (1) in subparagraph (D), by striking ``subparagraph (K)'' and inserting ``subparagraphs (K) and (N)''; and (2) by adding at the end the following new subparagraph: ``(N)(i) With respect to discharges occurring on or after October 1, 2022, in the case of a medicare- dependent, small rural hospital, for purposes of applying subparagraph (D)-- ``(I) there shall be substituted for the base cost reporting period described in subparagraph (D)(i) the 12-month cost reporting period beginning during fiscal year 2016; and ``(II) any reference in such subparagraph to the `first cost reporting period' described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. 4. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. Section 1886(d)(4)(C) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. 5. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. (a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (b) Conforming Amendments.-- (1) Extension of target amount.--Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. (2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''. SEC. 6. EXTENSION OF THE INCREASED PAYMENTS UNDER THE MEDICARE LOW- VOLUME HOSPITAL PROGRAM. Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395(d)(12)) is amended-- (1) in subparagraph (B)-- (A) in the subparagraph heading, by inserting ``for fiscal years 2005 through 2010'' after ``increase''; and (B) in the matter preceding clause (i), by striking ``and for discharges occurring in fiscal year 2023 and subsequent fiscal years''; (2) in subparagraph (C)(i)-- (A) in the matter preceding subclause (I), by striking ``fiscal years 2011 through 2022'' and inserting ``fiscal year 2011 and subsequent fiscal years''; (B) in subclause (II), by adding ``and'' at the end; (C) in subclause (III)-- (i) by striking ``each of fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''; and (ii) by striking ``; and'' at the end and inserting a period; and (D) by striking subclause (IV); and (3) in subparagraph (D)-- (A) by amending the subparagraph heading to reach as follows: ``Applicable percentage increase beginning with fiscal year 2011.--''; (B) in the matter preceding clause (i), by striking ``fiscal years 2011 through 2022'' and inserting ``fiscal year 2011 and subsequent fiscal years''; and (C) in clause (ii), by striking ``each of fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. Section 1886(b)(3) of the Social Security Act (42 U.S.C. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. ( 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. ( 2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. ( 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. ( 2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. Section 1886(b)(3) of the Social Security Act (42 U.S.C. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. ( 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. ( 2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. Section 1886(b)(3) of the Social Security Act (42 U.S.C. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. ( 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. ( 2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. Section 1886(b)(3) of the Social Security Act (42 U.S.C. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. ( 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. ( 2) Permitting hospitals to decline reclassification.-- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''.

To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare- dependent hospitals, and for other purposes. a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the following new subparagraph: ``(M)(i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. b) Conforming Amendments.--Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``subparagraphs (I) and (L)'' and inserting ``subparagraphs (I), (L), and (M)''; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking ``subparagraph (L)'' and inserting ``subparagraphs (L) and (M)''. Section 1886(b)(3) of the Social Security Act (42 U.S.C. ``(ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital.''. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS. 1395ww(d)(4)(C))-- (1) in clause (i), by striking ``The Secretary'' and inserting ``Subject to clause (v), the Secretary''; and (2) by adding at the end the following new clause: ``(v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015.''. a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) in clause (i), by striking ``, and before October 1, 2022''; and (2) in clause (ii)(II), by striking ``, and before October 1, 2022''. (

This bill modifies the calculation of payments for sole community hospitals and Medicare-dependent hospitals. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to rebase payments for such hospitals for cost reporting periods beginning on or after October 1, 2022, if such rebasing results in a greater amount of payment for the hospital. The bill also requires the CMS to report to Congress on the impact of the rebasing on rural hospitals.

This bill modifies the calculation of Medicare payments for sole community hospitals and Medicare-dependent hospitals. Specifically, the bill requires the bill to replace the base cost reporting period for such hospitals with the 12-month rebased target amount.

This bill modifies the Medicare payment methodology for Medicare-dependent, small rural hospitals. Specifically, the bill (1) increases the base cost reporting period for such hospitals from 12 months to 12 months beginning in FY2016, and (2) extends through FY2022 the Medicare-Dependent Hospital (MDH) program. The MDH program provides payments to hospitals that are not covered by Medicare.

This bill modifies the methodology for calculating Medicare payments for Medicare-dependent, small rural hospitals. Specifically, the bill (1) requires the Centers for Medicare & Medicaid Services (CMS) to adjust payments for discharges occurring on or after October 1, 2022, based on the hospital's first cost reporting period beginning during fiscal year 2016; and (2) allows CMS to adjust such amounts for adjustments to discharges using the rebased target amounts.

This bill revises the calculation of Medicare payments for sole community hospitals and Medicare-dependent hospitals. Specifically, the bill (1) requires the Centers for Medicare & Medicaid Services (CMS) to adjust payments for discharges occurring on or after October 1, 2022, in the case of a medicare-dependent, small rural hospital; and (2) allows hospitals to decline reclassification.

This bill rebates payments for sole community hospitals and Medicare-dependent hospitals for cost reporting periods beginning on or after October 1, 2022.

This bill modifies the Medicare payment methodology for sole community hospitals and Medicare-dependent hospitals. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to rebase the calculation of payments for such hospitals for cost reporting periods beginning on or after October 1, 2022, if such rebasing results in a greater amount of payment for the hospital than the rebased target amount.

This bill modifies the Medicare payment methodology for sole community hospitals and Medicare-dependent hospitals. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to rebase the calculation of payments for such hospitals for cost reporting periods beginning on or after October 1, 2022, if such rebasing results in a greater amount of payment for the hospital. The CMS may not adjust such amounts for adjustments required by this bill prior to this bill's enactment.

=-=-=-=-=-=-=-=- This Act may be cited as the ``Rural Hospital Support Act''.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=--=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-+=-=-=-=-=-=-=-=-=-=-==-=-=--=-=-=-==-=--=-=-=--=----=-=-=-_-=-=---=-=--_-=--_-_-=---=-=-(-=-=-==-=-_=-=-_---=-(-_-=-====-_-==-_==---=-----=--==-(---=----=-=

Health

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 23, 2022 Mrs. Hyde-Smith (for herself, Mr. Lankford, Mr. Risch, Mr. Hagerty, Mr. Marshall, Mr. Barrasso, Mr. Braun, Mr. Thune, Mr. Daines, Mr. Cruz, Ms. Lummis, Mr. Rubio, Mr. Crapo, Mr. Wicker, Mr. Moran, Mr. Scott of Florida, Ms. Ernst, Mr. Inhofe, Mr. Hoeven, Mr. Cotton, and Mr. Boozman) introduced the following joint resolution; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. Reg. 53412 (September 27, 2021)), and such rule shall have no force or effect. <all>

This joint resolution nullifies the rule titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond, which was issued by the Centers for Medicare & Medicaid Services and the Department of the Treasury on September 27, 2021. The rule expands the open enrollment period for individual health coverage and rescinds the previous interpretation of certain requirements relating to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers).

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 23, 2022 Mrs. Hyde-Smith (for herself, Mr. Lankford, Mr. Risch, Mr. Hagerty, Mr. Marshall, Mr. Barrasso, Mr. Braun, Mr. Thune, Mr. Daines, Mr. Cruz, Ms. Lummis, Mr. Rubio, Mr. Crapo, Mr. Wicker, Mr. Moran, Mr. Scott of Florida, Ms. Ernst, Mr. Inhofe, Mr. Hoeven, Mr. Cotton, and Mr. Boozman) introduced the following joint resolution; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. Reg. 53412 (September 27, 2021)), and such rule shall have no force or effect. <all>

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 23, 2022 Mrs. Hyde-Smith (for herself, Mr. Lankford, Mr. Risch, Mr. Hagerty, Mr. Marshall, Mr. Barrasso, Mr. Braun, Mr. Thune, Mr. Daines, Mr. Cruz, Ms. Lummis, Mr. Rubio, Mr. Crapo, Mr. Wicker, Mr. Moran, Mr. Scott of Florida, Ms. Ernst, Mr. Inhofe, Mr. Hoeven, Mr. Cotton, and Mr. Boozman) introduced the following joint resolution; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. Reg. 53412 (September 27, 2021)), and such rule shall have no force or effect. <all>

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 23, 2022 Mrs. Hyde-Smith (for herself, Mr. Lankford, Mr. Risch, Mr. Hagerty, Mr. Marshall, Mr. Barrasso, Mr. Braun, Mr. Thune, Mr. Daines, Mr. Cruz, Ms. Lummis, Mr. Rubio, Mr. Crapo, Mr. Wicker, Mr. Moran, Mr. Scott of Florida, Ms. Ernst, Mr. Inhofe, Mr. Hoeven, Mr. Cotton, and Mr. Boozman) introduced the following joint resolution; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. Reg. 53412 (September 27, 2021)), and such rule shall have no force or effect. <all>

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 23, 2022 Mrs. Hyde-Smith (for herself, Mr. Lankford, Mr. Risch, Mr. Hagerty, Mr. Marshall, Mr. Barrasso, Mr. Braun, Mr. Thune, Mr. Daines, Mr. Cruz, Ms. Lummis, Mr. Rubio, Mr. Crapo, Mr. Wicker, Mr. Moran, Mr. Scott of Florida, Ms. Ernst, Mr. Inhofe, Mr. Hoeven, Mr. Cotton, and Mr. Boozman) introduced the following joint resolution; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. Reg. 53412 (September 27, 2021)), and such rule shall have no force or effect. <all>

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. 53412 (September 27, 2021)), and such rule shall have no force or effect.

117th CONGRESS 2d Session S. J. RES. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed.

117th CONGRESS 2d Session S. J. RES. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed.

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. 53412 (September 27, 2021)), and such rule shall have no force or effect.

117th CONGRESS 2d Session S. J. RES. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed.

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. 53412 (September 27, 2021)), and such rule shall have no force or effect.

117th CONGRESS 2d Session S. J. RES. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed.

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. 53412 (September 27, 2021)), and such rule shall have no force or effect.

117th CONGRESS 2d Session S. J. RES. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed.

117th CONGRESS 2d Session S. J. RES. 43 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond''. _______________________________________________________________________ Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services relating to ``Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond'' (86 Fed. 53412 (September 27, 2021)), and such rule shall have no force or effect.

This joint resolution nullifies the Department of the Treasury and the Centers for Medicare & Medicaid Services rule titled Patient Protection and Affordable Care Act; Updating PaymentParameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

This joint resolution nullifies the rule issued by the Department of the Treasury and the Centers for Medicare & Medicaid Services titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

This joint resolution nullifies the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

This joint resolution nullifies the rule submitted by the Department of the Treasury and the Centers for Medicare & Medicaid Services titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

This joint resolution nullifies the rule published by the Department of the Treasury and the Centers for Medicare & Medicaid Services titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

This joint resolution nullifies the rule issued by the Department of the Treasury and the Centers for Medicare & Medicaid Services titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

This joint resolution nullifies the Department of the Treasury and the Centers for Medicare & Medicaid Services rule titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

This joint resolution nullifies the rule published by the Department of the Treasury and the Centers for Medicare & Medicaid Services titled Patient Protection and Affordable Care Act; Updating Payment Parameters, Section 1332 Waiver Implementing Regulations, and Improving Health Insurance Markets for 2022 and Beyond.

117th CONGRESSーク 2d Session                S. J. Hyde-Smith (for herself, Mr. Cruz, Ms. Cornyn, and Mr.                 Boozman) introduced the following joint resolution; which was read                 twice and referred to the Committee on Health, Education, Labor, and � The Department of Health, Human Services, and Human Resources, and to the Senate Committee on Finance, Housing, and Urban Development, and the House Committee on Homeland Security and Governmental Affairs, and chaired by Senator                                      John Thune

Science, Technology, Communications

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. Be it enacted by the Senate 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 Broadcast Ownership Opportunities Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. (2) The Commission should continue to collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. (3) Data from 2017 shows that, of the nearly 1,700 full- power commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. With respect to the nearly 5,500 full-power commercial broadcast radio stations, women owned approximately 7 percent of FM broadcast radio stations, and minorities owned less than 3 percent of such stations. (4) Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry. (5) During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations. SEC. 3. FCC REPORTS TO CONGRESS. (a) Biennial Report Containing Recommendations for Increasing Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report containing recommendations for how to increase the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. (b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. SEC. 4. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. (a) Requirements for Issuance of Certificate by FCC.-- (1) In general.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. ``(a) Issuance of Certificate by Commission.--Upon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in or preserving ownership and control by socially disadvantaged individuals.--A sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals (regardless of whether the station was owned and controlled by socially disadvantaged individuals before the sale). ``(2) Sale by investor in station owned and controlled by socially disadvantaged individuals.--In the case of a person who has contributed capital in exchange for an interest in a broadcast station that is owned and controlled by socially disadvantaged individuals, a sale by such person of some or all of such interest. ``(c) Rules.--The Commission shall adopt rules for the issuance of a certificate under subsection (a) that provide for the following: ``(1) Limit on value of sale.--A limit on the value of an interest the sale of which qualifies for the issuance of such a certificate. The limit shall be no higher than $50,000,000. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. The minimum period shall be no shorter than 2 years and no longer than 3 years. ``(3) Cumulative limit on number or value of sales.--A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a). ``(4) Participation in station management by socially disadvantaged individuals.--Requirements for participation by socially disadvantaged individuals in the management of the broadcast station. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). The Commission shall report a failure to make the certification required under this paragraph to the Commissioner of Internal Revenue and shall include such failure in the report to Congress under subsection (d) that covers the period during which such failure occurred. ``(d) Annual Report to Congress.--The Commission shall submit to Congress an annual report describing the sales for which certificates have been issued under subsection (a) during the period covered by the report. ``(e) Definitions.--In this section: ``(1) Owned and controlled by socially disadvantaged individuals.--The term `owned and controlled by socially disadvantaged individuals' means, with respect to a broadcast station, that-- ``(A) such station is at least 51 percent owned by one or more socially disadvantaged individuals, or, in the case of any publicly owned broadcast station, at least 51 percent of the voting stock of such station is owned by one or more socially disadvantaged individuals, and such individual or individuals have not conferred the right to vote such stock to another; and ``(B) the management and daily business operations of such station are controlled by one or more of such individuals. ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. (2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (3) Report to congress on program expansion.--Not later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission. (4) Examination and report to congress on nexus between diversity of ownership and diversity of viewpoint.-- (A) Examination.--Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate an examination of whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations. (B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. (b) Nonrecognition of Gain or Loss for Tax Purposes.-- (1) In general.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part IV the following new part: ``PART V--SALE OF INTEREST IN CERTAIN BROADCAST STATIONS ``Sec. 1071. Nonrecognition of gain or loss from sale of interest in certain broadcast stations. ``SEC. 1071. NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on any such sale, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(b) Minimum Holding Period; Continued Management.--If-- ``(1) there is nonrecognition of gain or loss to a taxpayer under this section with respect to a sale of property (determined without regard to this paragraph), and ``(2) the sale of the interest in the broadcast station fails to meet the requirements of the rules adopted by the Federal Communications Commission under paragraph (2), (4), or (5) of section 344(c) of the Communications Act of 1934 (as such rules are in effect on the date of such sale), there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such sale, except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the first date on which the sale so fails to fulfill such requirements. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to part IV the following new item: ``Part V. Sale of interest in certain broadcast stations.''. (c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (d) Sunset.--The amendments made by this section shall not apply with respect to sales of interests in broadcast stations after the date that is 16 years after the date of the enactment of this Act. SEC. 5. DEFINITIONS. In this Act: (1) Broadcast station.--The term ``broadcast station'' has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. <all>

This bill requires the Federal Communications Commission (FCC) to take certain actions to increase diversity of ownership in the broadcasting industry and establishes a related tax incentive. Specifically, the bill requires the FCC to report to Congress regarding (1) recommendations for increasing the total number of broadcast stations that are owned or controlled by members of minority groups or women, (2) the total number of broadcast stations that are owned or controlled by members of minority groups or women, and (3) whether there is a nexus between diversity of ownership or control of broadcast stations and the diversity of the viewpoints expressed on the stations. In addition, the bill allows companies engaged in the qualifying sale of a broadcast station to receive favorable tax treatment by electing nonrecognition of the gain or loss resulting from the sale. To qualify for this treatment, the sale must result in or preserve ownership and control of a broadcast station by socially disadvantaged individuals.

2. FINDINGS. (3) Data from 2017 shows that, of the nearly 1,700 full- power commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. (4) Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry. 3. FCC REPORTS TO CONGRESS. 4. (a) Requirements for Issuance of Certificate by FCC.-- (1) In general.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(3) Cumulative limit on number or value of sales.--A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a). The Commission shall report a failure to make the certification required under this paragraph to the Commissioner of Internal Revenue and shall include such failure in the report to Congress under subsection (d) that covers the period during which such failure occurred. ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. (4) Examination and report to congress on nexus between diversity of ownership and diversity of viewpoint.-- (A) Examination.--Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate an examination of whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations. Nonrecognition of gain or loss from sale of interest in certain broadcast stations. 1071. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. SEC. 5. DEFINITIONS. (2) Commission.--The term ``Commission'' means the Federal Communications Commission.

2. FINDINGS. (3) Data from 2017 shows that, of the nearly 1,700 full- power commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. (4) Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry. 3. FCC REPORTS TO CONGRESS. 4. (a) Requirements for Issuance of Certificate by FCC.-- (1) In general.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 344. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(3) Cumulative limit on number or value of sales.--A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a). ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. Nonrecognition of gain or loss from sale of interest in certain broadcast stations. 1071. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. SEC. 5. DEFINITIONS. (2) Commission.--The term ``Commission'' means the Federal Communications Commission.

2. FINDINGS. (2) The Commission should continue to collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. (3) Data from 2017 shows that, of the nearly 1,700 full- power commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. (4) Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry. 3. FCC REPORTS TO CONGRESS. 4. (a) Requirements for Issuance of Certificate by FCC.-- (1) In general.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. The limit shall be no higher than $50,000,000. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(3) Cumulative limit on number or value of sales.--A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a). ``(4) Participation in station management by socially disadvantaged individuals.--Requirements for participation by socially disadvantaged individuals in the management of the broadcast station. The Commission shall report a failure to make the certification required under this paragraph to the Commissioner of Internal Revenue and shall include such failure in the report to Congress under subsection (d) that covers the period during which such failure occurred. ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. (2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (4) Examination and report to congress on nexus between diversity of ownership and diversity of viewpoint.-- (A) Examination.--Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate an examination of whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations. Nonrecognition of gain or loss from sale of interest in certain broadcast stations. 1071. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to part IV the following new item: ``Part V. Sale of interest in certain broadcast stations.''. (c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. SEC. 5. DEFINITIONS. 153). (2) Commission.--The term ``Commission'' means the Federal Communications Commission.

Be it enacted by the Senate 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 Broadcast Ownership Opportunities Act of 2021''. 2. FINDINGS. Congress finds the following: (1) One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. (2) The Commission should continue to collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. (3) Data from 2017 shows that, of the nearly 1,700 full- power commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. With respect to the nearly 5,500 full-power commercial broadcast radio stations, women owned approximately 7 percent of FM broadcast radio stations, and minorities owned less than 3 percent of such stations. (4) Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry. 3. FCC REPORTS TO CONGRESS. 4. (a) Requirements for Issuance of Certificate by FCC.-- (1) In general.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. The limit shall be no higher than $50,000,000. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(3) Cumulative limit on number or value of sales.--A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a). ``(4) Participation in station management by socially disadvantaged individuals.--Requirements for participation by socially disadvantaged individuals in the management of the broadcast station. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). The Commission shall report a failure to make the certification required under this paragraph to the Commissioner of Internal Revenue and shall include such failure in the report to Congress under subsection (d) that covers the period during which such failure occurred. ``(d) Annual Report to Congress.--The Commission shall submit to Congress an annual report describing the sales for which certificates have been issued under subsection (a) during the period covered by the report. ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. (2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (4) Examination and report to congress on nexus between diversity of ownership and diversity of viewpoint.-- (A) Examination.--Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate an examination of whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations. Nonrecognition of gain or loss from sale of interest in certain broadcast stations. 1071. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on any such sale, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to part IV the following new item: ``Part V. Sale of interest in certain broadcast stations.''. (c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. SEC. 5. DEFINITIONS. 153). (2) Commission.--The term ``Commission'' means the Federal Communications Commission.

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. Congress finds the following: (1) One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. ( (5) During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations. b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. ``(a) Issuance of Certificate by Commission.--Upon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. ( 2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (3) Report to congress on program expansion.--Not later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission. ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to part IV the following new item: ``Part V. Sale of interest in certain broadcast stations.''. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. 2) The Commission should continue to collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. ( FCC REPORTS TO CONGRESS. ( (b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in or preserving ownership and control by socially disadvantaged individuals.--A sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals (regardless of whether the station was owned and controlled by socially disadvantaged individuals before the sale). ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. 2) The Commission should continue to collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. ( FCC REPORTS TO CONGRESS. ( (b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in or preserving ownership and control by socially disadvantaged individuals.--A sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals (regardless of whether the station was owned and controlled by socially disadvantaged individuals before the sale). ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. Congress finds the following: (1) One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. ( (5) During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations. b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. ``(a) Issuance of Certificate by Commission.--Upon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. ( 2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (3) Report to congress on program expansion.--Not later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission. ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to part IV the following new item: ``Part V. Sale of interest in certain broadcast stations.''. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. 2) The Commission should continue to collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. ( FCC REPORTS TO CONGRESS. ( (b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in or preserving ownership and control by socially disadvantaged individuals.--A sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals (regardless of whether the station was owned and controlled by socially disadvantaged individuals before the sale). ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. Congress finds the following: (1) One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. ( (5) During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations. b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED INDIVIDUALS. ``(a) Issuance of Certificate by Commission.--Upon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. ``(5) Certification.--In the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). ``(2) Socially disadvantaged individual.--The term `socially disadvantaged individual' means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.''. ( 2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (3) Report to congress on program expansion.--Not later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission. ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to part IV the following new item: ``Part V. Sale of interest in certain broadcast stations.''. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in or preserving ownership and control by socially disadvantaged individuals.--A sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals (regardless of whether the station was owned and controlled by socially disadvantaged individuals before the sale). ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033.

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. 2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. ( ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in or preserving ownership and control by socially disadvantaged individuals.--A sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals (regardless of whether the station was owned and controlled by socially disadvantaged individuals before the sale). ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033.

To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes. b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. 2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. ( ( B) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. ( ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. ( c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (

This bill requires the Federal Communications Commission (FCC) to take certain actions to increase diversity of ownership in the broadcasting industry. Specifically, the FCC must (1) collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations; and (2) report to Congress a strategy for increasing diversity in the broadcast industry.

This bill requires the Federal Communications Commission (FCC) to take certain actions to increase diversity of ownership in the broadcasting industry. Specifically, the FCC must (1) report to Congress on the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of such groups and women; and (2) establish a tax credit for minority-owned broadcast stations.

This bill requires the Federal Communications Commission (FCC) to issue certificates for the sale of interests in broadcast stations to socially disadvantaged individuals. A socially disadvantaged individual is a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to the individual qualities of the individual. The FCC must issue such certificates to such individuals within one year of the sale. The bill also establishes a minimum holding period following the sale during which the broadcast station must remain owned and controlled by such individuals.

This bill requires the Federal Communications Commission (FCC) to establish a program to certify that a sale of a broadcast station must remain owned and controlled by socially disadvantaged individuals. The FCC must also report on whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership by members of minority groups or women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations.

This bill requires the Federal Communications Commission (FCC) to establish a tax credit program for the sale of interest in broadcast stations to socially disadvantaged individuals. The bill also requires the FCC to report to Congress on whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership by members of minority groups or women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations.

This bill requires the Federal Communications Commission (FCC) to establish a tax credit program for socially disadvantaged individuals who sell their interest in a broadcast station. The bill defines socially disadvantaged individual as a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to the individual qualities of the individual.

This bill requires the Federal Communications Commission (FCC) to take certain actions to increase diversity of ownership in the broadcasting industry. Specifically, the FCC must (1) report on the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both minority groups and women; and (2) establish a minimum holding period for a sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals. A socially disadvantaged individual is a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity

This bill requires the Federal Communications Commission (FCC) to take certain actions to increase diversity of ownership in the broadcasting industry. Specifically, the FCC must issue a minority tax certificate program for the sale of an interest in a broadcast station to socially disadvantaged individuals. The bill also requires the FCC to report on the total number of broadcast stations that are owned or controlled by minority groups or women or by both members of minority groups and women.

To direct the Federal Communications Commission to take certain actions                 to increase diversity of ownership in the broadcasting industry, and                 the Commission to make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations.                 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. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS                SECTIONS 1. FCC REPORTS TO CONGRESS.¯¯¯¯¯¯¯¯                

Armed Forces and National Security

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENT TO REPAYMENT BY SECRETARY OF VETERANS AFFAIRS OF CERTAIN MISUSED BENEFITS. Section 6107 of title 38, United States Code, is amended to read as follows: ``Sec. 6107. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary's successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''. <all>

This bill modifies the procedures by which the Department of Veterans Affairs (VA) reissues misused benefits to a beneficiary, including by requiring the VA to establish methods and timing with respect to determining whether an instance of misuse by a fiduciary is the result of negligence by the VA.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENT TO REPAYMENT BY SECRETARY OF VETERANS AFFAIRS OF CERTAIN MISUSED BENEFITS. Section 6107 of title 38, United States Code, is amended to read as follows: ``Sec. 6107. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary's successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''. <all>

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENT TO REPAYMENT BY SECRETARY OF VETERANS AFFAIRS OF CERTAIN MISUSED BENEFITS. Section 6107 of title 38, United States Code, is amended to read as follows: ``Sec. 6107. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary's successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''. <all>

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENT TO REPAYMENT BY SECRETARY OF VETERANS AFFAIRS OF CERTAIN MISUSED BENEFITS. Section 6107 of title 38, United States Code, is amended to read as follows: ``Sec. 6107. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary's successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''. <all>

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENT TO REPAYMENT BY SECRETARY OF VETERANS AFFAIRS OF CERTAIN MISUSED BENEFITS. Section 6107 of title 38, United States Code, is amended to read as follows: ``Sec. 6107. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary's successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''. <all>

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. Reissuance of benefits ``(a) Reissuance of Misused Benefits.--(1) In any case in which a fiduciary misuses all or part of an individual's benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused.

To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary. ``(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. ``(b) Limitation on Total Amount Paid.--The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. ``(c) Oversight of Negligence.--The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary is the result of negligence by the Secretary.''.

This bill requires the Department of Veterans Affairs (VA) to pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. The bill also requires the VA to make a good faith effort to obtain recoupment from the fiduciaries to whom the payment was originally made. The total amount of the amounts paid to a beneficiary or to the beneficiaries' successor fiduciary may not exceed the total benefit amount misused with respect to that beneficiary. The VA must establish methods and timing to determine whether an instance of misuse of all or part of an individual's

This bill requires the Department of Veterans Affairs (VA) to pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of the benefit so misused. The bill also requires the VA to make a good faith effort to obtain recoupment from the fiduciaries to whom the benefit was originally made.

This bill requires the Department of Veterans Affairs (VA) to pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. The VA must make a good faith effort to obtain recoupment from the fiduciaries to whom the payment was originally made. The total amount of the amounts paid to a beneficiary may not exceed the total benefit amount misused by the beneficiary with respect to that beneficiary. The bill also requires the VA to establish methods and timing to determine whether an instance of misuse of all or part of an individual's benefit is the result of negligence

This bill requires the Department of Veterans Affairs (VA) to pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. The VA must make a good faith effort to obtain recoupment from the fiduciaries to whom the payment was originally made. The total amount paid may not exceed the total benefit amount misused by that fiduciarian with respect to that beneficiary. The bill also requires the VA to establish methods and timing to determine whether an instance of misuse of all or part of an individual's benefit paid to such an individual is the result of

This bill requires the Department of Veterans Affairs (VA) to pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused. The VA must make a good faith effort to obtain recoupment from the individual to whom the payment was originally made. In any case in which the VA obtains recoupments from such an individual, the VA must promptly remit the recouped amounts to such beneficiary or successor. The total amount paid may not exceed the total benefit amount misused by the individual with respect to that beneficiary.

This bill requires the Department of Veterans Affairs (VA) to pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of the benefit so misused. The VA must make a good faith effort to obtain recoupment from the fiduciaries to whom the payment was originally made. The total amount paid may not exceed the total benefit amount misused with respect to that beneficiary.

This bill requires the Department of Veterans Affairs (VA) to pay to the beneficiary or the beneficiary's successor fiduciary an amount equal to the amount of such benefit so misused.

This bill requires the Department of Veterans Affairs (VA) to make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. The VA must also establish methods and timing for determining whether an instance of misuse of all or part of an individual's benefit is the result of negligence by the VA.

To amend title 38, United States Code, to improve the repayment by the                 Secretary of Veterans Affairs of benefits misused by a fiduciary.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-PENALTY OF VETERANS AFFAIRS OF THE UNITED STATES OF AMERICA IN CONNECTION WITH TITLE 38, UNITED STATES CIVIL CODE, ISSUED, AND APPROVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE                United States OF AMERICA, IN GENERAL MEETING OF THE CONGRESS OF THE

Crime and Law Enforcement

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Extract Animals from Red Tape Act of 2021'' or the ``HEART Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Animal fighting is one of the most heinous forms of animal cruelty. (2) Federal law prohibits sponsoring, exhibiting, or attending an animal fight, causing an individual under the age of 16 to attend an animal fight, using the postal service for promoting an animal fighting venture, as well as the interstate commerce in animal fighting paraphilia and animals for the participation in animal fights. (3) Animal fighting is often associated with other forms of criminal activity including illegal gambling, drug trafficking, and domestic violence. (4) In order to rescue animals from further cruelty, provide needed veterinary care, and protect communities, Federal agencies often seize animals suspected of being used in animal fighting ventures. (5) Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. (7) Federal animal fighting cases often involve dozens, if not hundreds of seized animals. (8) Between 2016 and 2019, the United States Department of Justice seized over 1,000 dogs in animal fighting cases. (9) Holding times for animals seized in Federal animal fighting cases can stretch on for over a year. After 64 dogs were seized from twelve locations in a Federal animal fighting case in 2016, some animals were held for up to 436 days. (10) Seizing 367 dogs in a Federal animal fighting case in 2013 required sheltering dogs for up to 390 days. Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. (11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. (12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. (13) Animal welfare organizations have sheltered animals for several Federal investigations at costs ranging from $900,000 to more than $3 million. (14) Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved. (15) Expediting the disposition process for animals seized in Federal animal fighting cases will provide better outcomes for animals, reduce financial burdens on animal welfare organizations partnering with Federal agencies, and will provide more space in shelters for other animals in need. SEC. 3. REDUCED NOTICE PERIOD. (a) Notice Timing for Cases of Animal Seizure.--Section 983(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following new clause: ``(vi) With respect to an animal seized under section 26 of the Animal Welfare Act or under section 1955 of this title, clauses (i), (ii), (iii), and (v), shall be applied by substituting `30-days' for `60-days'.''. (b) Notice Procedures for Cases of Animal Seizure.--Section 983(a)(1) of title 18, United States Code, as amended by this Act, is amended-- (1) in subparagraph (B) by inserting ``and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G)'' after ``if the official determines that the conditions in subparagraph (D) are present,''; (2) in subparagraph (C) by inserting ``and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G)'' after ``that the conditions in subparagraph (D) are present,''; and (3) by adding after subparagraph (F), the following: ``(G) With respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, the period for sending notice under this paragraph may be extended only after consideration of the following: ``(i) The cost to the government of caring and providing shelter for the animal. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. ``(iv) Any psychological harm incurred by the animals' owner due to the delay in disposition.''. SEC. 4. SEIZURES OF ANIMALS. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. (b) Reimbursement and Proportionality.--Section 983(h) of title 18, United States Code, is amended by adding at the end, the following: ``(4) In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding. The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(5) In any civil forfeiture proceeding in which an animal is subject of the proceeding, the court may reduce the size of a reimbursement based on any of the following factors: ``(A) The seriousness of the offense. ``(B) The culpability of the claimant. ``(C) The claimant's prior record. ``(D) The claimant's financial condition and need to support a family. ``(E) The purpose of the forfeiture statute in question. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. <all>

This bill modifies notice requirements in a civil forfeiture proceeding that involves the seizure of an animal involved in animal fighting. Specifically, the government must notify interested parties of an animal's seizure within 30 days (currently, 60 days). The notice period may be extended only if a delay is warranted after considering certain factors, including the cost to the government of providing shelter for the animal, the health of the animal and the effect of a delay on its rehabilitation, any increased risk that a delay could necessitate the euthanasia of the animal, and any psychological harm incurred by the animal's owner due to the delay in disposition. Additionally, the bill authorizes amounts in the Department of Justice Assets Forfeiture Fund to be used to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.

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 ``Help Extract Animals from Red Tape Act of 2021'' or the ``HEART Act of 2021''. 2. FINDINGS. (2) Federal law prohibits sponsoring, exhibiting, or attending an animal fight, causing an individual under the age of 16 to attend an animal fight, using the postal service for promoting an animal fighting venture, as well as the interstate commerce in animal fighting paraphilia and animals for the participation in animal fights. (3) Animal fighting is often associated with other forms of criminal activity including illegal gambling, drug trafficking, and domestic violence. (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. (10) Seizing 367 dogs in a Federal animal fighting case in 2013 required sheltering dogs for up to 390 days. Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. (12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. (13) Animal welfare organizations have sheltered animals for several Federal investigations at costs ranging from $900,000 to more than $3 million. 3. REDUCED NOTICE PERIOD. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. ``(iv) Any psychological harm incurred by the animals' owner due to the delay in disposition.''. SEC. 4. SEIZURES OF ANIMALS. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(5) In any civil forfeiture proceeding in which an animal is subject of the proceeding, the court may reduce the size of a reimbursement based on any of the following factors: ``(A) The seriousness of the offense. ``(B) The culpability of the claimant. ``(D) The claimant's financial condition and need to support a family. ``(E) The purpose of the forfeiture statute in question. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

2. FINDINGS. (3) Animal fighting is often associated with other forms of criminal activity including illegal gambling, drug trafficking, and domestic violence. (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. (10) Seizing 367 dogs in a Federal animal fighting case in 2013 required sheltering dogs for up to 390 days. Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. (12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. 3. REDUCED NOTICE PERIOD. ``(iv) Any psychological harm incurred by the animals' owner due to the delay in disposition.''. SEC. 4. SEIZURES OF ANIMALS. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(5) In any civil forfeiture proceeding in which an animal is subject of the proceeding, the court may reduce the size of a reimbursement based on any of the following factors: ``(A) The seriousness of the offense. ``(B) The culpability of the claimant. ``(D) The claimant's financial condition and need to support a family. ``(E) The purpose of the forfeiture statute in question. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Extract Animals from Red Tape Act of 2021'' or the ``HEART Act of 2021''. 2. FINDINGS. (2) Federal law prohibits sponsoring, exhibiting, or attending an animal fight, causing an individual under the age of 16 to attend an animal fight, using the postal service for promoting an animal fighting venture, as well as the interstate commerce in animal fighting paraphilia and animals for the participation in animal fights. (3) Animal fighting is often associated with other forms of criminal activity including illegal gambling, drug trafficking, and domestic violence. (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. (10) Seizing 367 dogs in a Federal animal fighting case in 2013 required sheltering dogs for up to 390 days. Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. (11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. (12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. (13) Animal welfare organizations have sheltered animals for several Federal investigations at costs ranging from $900,000 to more than $3 million. (14) Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved. 3. REDUCED NOTICE PERIOD. (b) Notice Procedures for Cases of Animal Seizure.--Section 983(a)(1) of title 18, United States Code, as amended by this Act, is amended-- (1) in subparagraph (B) by inserting ``and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G)'' after ``if the official determines that the conditions in subparagraph (D) are present,''; (2) in subparagraph (C) by inserting ``and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G)'' after ``that the conditions in subparagraph (D) are present,''; and (3) by adding after subparagraph (F), the following: ``(G) With respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, the period for sending notice under this paragraph may be extended only after consideration of the following: ``(i) The cost to the government of caring and providing shelter for the animal. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. ``(iv) Any psychological harm incurred by the animals' owner due to the delay in disposition.''. SEC. 4. SEIZURES OF ANIMALS. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(5) In any civil forfeiture proceeding in which an animal is subject of the proceeding, the court may reduce the size of a reimbursement based on any of the following factors: ``(A) The seriousness of the offense. ``(B) The culpability of the claimant. ``(C) The claimant's prior record. ``(D) The claimant's financial condition and need to support a family. ``(E) The purpose of the forfeiture statute in question. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Extract Animals from Red Tape Act of 2021'' or the ``HEART Act of 2021''. 2. FINDINGS. Congress finds the following: (1) Animal fighting is one of the most heinous forms of animal cruelty. (2) Federal law prohibits sponsoring, exhibiting, or attending an animal fight, causing an individual under the age of 16 to attend an animal fight, using the postal service for promoting an animal fighting venture, as well as the interstate commerce in animal fighting paraphilia and animals for the participation in animal fights. (3) Animal fighting is often associated with other forms of criminal activity including illegal gambling, drug trafficking, and domestic violence. (4) In order to rescue animals from further cruelty, provide needed veterinary care, and protect communities, Federal agencies often seize animals suspected of being used in animal fighting ventures. (5) Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. (7) Federal animal fighting cases often involve dozens, if not hundreds of seized animals. (8) Between 2016 and 2019, the United States Department of Justice seized over 1,000 dogs in animal fighting cases. (9) Holding times for animals seized in Federal animal fighting cases can stretch on for over a year. After 64 dogs were seized from twelve locations in a Federal animal fighting case in 2016, some animals were held for up to 436 days. (10) Seizing 367 dogs in a Federal animal fighting case in 2013 required sheltering dogs for up to 390 days. Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. (11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. (12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. (13) Animal welfare organizations have sheltered animals for several Federal investigations at costs ranging from $900,000 to more than $3 million. (14) Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved. 3. REDUCED NOTICE PERIOD. (a) Notice Timing for Cases of Animal Seizure.--Section 983(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following new clause: ``(vi) With respect to an animal seized under section 26 of the Animal Welfare Act or under section 1955 of this title, clauses (i), (ii), (iii), and (v), shall be applied by substituting `30-days' for `60-days'.''. (b) Notice Procedures for Cases of Animal Seizure.--Section 983(a)(1) of title 18, United States Code, as amended by this Act, is amended-- (1) in subparagraph (B) by inserting ``and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G)'' after ``if the official determines that the conditions in subparagraph (D) are present,''; (2) in subparagraph (C) by inserting ``and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G)'' after ``that the conditions in subparagraph (D) are present,''; and (3) by adding after subparagraph (F), the following: ``(G) With respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, the period for sending notice under this paragraph may be extended only after consideration of the following: ``(i) The cost to the government of caring and providing shelter for the animal. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. ``(iv) Any psychological harm incurred by the animals' owner due to the delay in disposition.''. SEC. 4. SEIZURES OF ANIMALS. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(5) In any civil forfeiture proceeding in which an animal is subject of the proceeding, the court may reduce the size of a reimbursement based on any of the following factors: ``(A) The seriousness of the offense. ``(B) The culpability of the claimant. ``(C) The claimant's prior record. ``(D) The claimant's financial condition and need to support a family. ``(E) The purpose of the forfeiture statute in question. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. 4) In order to rescue animals from further cruelty, provide needed veterinary care, and protect communities, Federal agencies often seize animals suspected of being used in animal fighting ventures. ( (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. ( 11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. ( (14) Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved. ( a) Notice Timing for Cases of Animal Seizure.--Section 983(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following new clause: ``(vi) With respect to an animal seized under section 26 of the Animal Welfare Act or under section 1955 of this title, clauses (i), (ii), (iii), and (v), shall be applied by substituting `30-days' for `60-days'.''. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( b) Reimbursement and Proportionality.--Section 983(h) of title 18, United States Code, is amended by adding at the end, the following: ``(4) In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. Congress finds the following: (1) Animal fighting is one of the most heinous forms of animal cruelty. ( 5) Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. ( Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. ( 12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. ( ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(C) The claimant's prior record.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. Congress finds the following: (1) Animal fighting is one of the most heinous forms of animal cruelty. ( 5) Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. ( Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. ( 12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. ( ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(C) The claimant's prior record.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. 4) In order to rescue animals from further cruelty, provide needed veterinary care, and protect communities, Federal agencies often seize animals suspected of being used in animal fighting ventures. ( (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. ( 11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. ( (14) Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved. ( a) Notice Timing for Cases of Animal Seizure.--Section 983(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following new clause: ``(vi) With respect to an animal seized under section 26 of the Animal Welfare Act or under section 1955 of this title, clauses (i), (ii), (iii), and (v), shall be applied by substituting `30-days' for `60-days'.''. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( b) Reimbursement and Proportionality.--Section 983(h) of title 18, United States Code, is amended by adding at the end, the following: ``(4) In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. Congress finds the following: (1) Animal fighting is one of the most heinous forms of animal cruelty. ( 5) Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. ( Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. ( 12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. ( ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(C) The claimant's prior record.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. 4) In order to rescue animals from further cruelty, provide needed veterinary care, and protect communities, Federal agencies often seize animals suspected of being used in animal fighting ventures. ( (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. ( 11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. ( (14) Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved. ( a) Notice Timing for Cases of Animal Seizure.--Section 983(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following new clause: ``(vi) With respect to an animal seized under section 26 of the Animal Welfare Act or under section 1955 of this title, clauses (i), (ii), (iii), and (v), shall be applied by substituting `30-days' for `60-days'.''. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( b) Reimbursement and Proportionality.--Section 983(h) of title 18, United States Code, is amended by adding at the end, the following: ``(4) In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. Congress finds the following: (1) Animal fighting is one of the most heinous forms of animal cruelty. ( 5) Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. ( Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. ( 12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. ( ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(C) The claimant's prior record.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. 4) In order to rescue animals from further cruelty, provide needed veterinary care, and protect communities, Federal agencies often seize animals suspected of being used in animal fighting ventures. ( (6) The significant length of time animals are held before courts determine their disposition can result in serious physical and behavioral deterioration due to chronic stress, even when shelters provide high quality care. ( 11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. ( (14) Uncertainty regarding who is ultimately responsible for the cost of care for the seized animals discourages future animal fighting investigations, which means fewer animals saved. ( a) Notice Timing for Cases of Animal Seizure.--Section 983(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following new clause: ``(vi) With respect to an animal seized under section 26 of the Animal Welfare Act or under section 1955 of this title, clauses (i), (ii), (iii), and (v), shall be applied by substituting `30-days' for `60-days'.''. ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. ``(iii) Any increased risk that the delay could necessitate the euthanasia of the animal. (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( b) Reimbursement and Proportionality.--Section 983(h) of title 18, United States Code, is amended by adding at the end, the following: ``(4) In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding. ``(6) Nothing in this section should be interpreted to reimburse the United States for any costs other than for costs related to animals seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. Congress finds the following: (1) Animal fighting is one of the most heinous forms of animal cruelty. ( 5) Federal agencies tasked with enforcing the Federal animal fighting statutes often lack the infrastructure and expertise to hold animals after seizure and instead partner with animal welfare organizations and local animal shelters to hold animals until the final judgement of the seizure cases. ( Fifty-three percent of the dogs in that case declined behaviorally, with 30 percent of them deteriorating to such a degree that they had to be humanely euthanized. ( 12) The unique nature of animals compared to other seized assets requires higher costs to the government and to partnering animal welfare organizations. ( ``(ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. ``(C) The claimant's prior record.

To amend title 18, United States Code, with respect to civil forfeitures relating to certain seized animals. 11) Reducing the time that seized animals must be held before courts determine their legal disposition is the best way to minimize the trauma animals have experienced at the hands of their abusers. ( ( (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: ``(J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18.''. ( b) Reimbursement and Proportionality.--Section 983(h) of title 18, United States Code, is amended by adding at the end, the following: ``(4) In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding.

This bill expands the authority of the Department of Justice (DOJ) to make civil forfeitures relating to seized animals. Specifically, the bill expands DOJ's authority to make such forfeitures to include animals suspected of being used in animal fighting ventures.

This bill authorizes the Department of Justice (DOJ) to enter into a civil forfeiture agreement with animal welfare organizations and local animal shelters for the disposition of seized animals. Specifically, DOJ may enter into an agreement with an animal welfare organization or local animal shelter to hold animals until the final judgement of the seizure cases.

This bill modifies requirements related to the disposition of seized animals. Specifically, the bill requires the Department of Justice (DOJ) to reimburse the U.S. Attorney's Office for the transportation, shelter, care, veterinary services, and humane euthanasia of an animal seized under the Animal Welfare Act or the Animal Trafficking in Persons Act. The bill also requires DOJ to reduce the notice period for a forfeiture proceeding in which an animal is subject to the forfeiture and provides for the reimbursement of the costs related to such a forfeiture. In civil forfeiture proceedings, DOJ may reduce the size of a reimbursement based on the seriousness

This bill requires the Department of Justice (DOJ) to reimburse animal welfare organizations for the transportation, shelter, care, veterinary services, and humane euthanasia of animals seized under the Animal Welfare Act or the Animal Protection Act. The bill also allows the court to reduce the size of a reimbursement based on certain factors, such as the psychological and physical health of the animal and the effect the delay will have on its rehabilitation.

This bill allows the Department of Justice (DOJ) to reimburse certain costs related to the transportation, shelter, care, veterinary services, and humane euthanasia of an animal seized under the Animal Welfare Act or the Animal Protection Act of 1955. Specifically, the bill allows DOJ to reimburse the costs of transporting, sheltering, caring for, and euthanizing an animal that has been seized in a civil forfeiture proceeding if DOJ determines (1) that the delay is warranted in light of specified criteria, (2) the cost to the government of caring and providing shelter for the animal, (3) the psychological and physical

This bill modifies notice procedures for cases of animal seizures. Specifically, the bill reduces from 60 days to 30 days the notice period for an animal seized under the Animal Welfare Act or Section 1955 of this bill. The bill also requires the Department of Justice (DOJ) to consider the psychological and physical health of the seized animal when determining whether a delay is warranted.

This bill requires the Department of Justice (DOJ) to reimburse a claimant for the transportation, shelter, care, veterinary services, and humane euthanasia of an animal seized under Section 26 of the Animal Welfare Act or under Section 1955 of Title 18 (animal fighting statutes). The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed.

This bill modifies requirements for civil forfeiture proceedings relating to seized animals. Specifically, the bill requires the court to require the claimant to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or humane euthanasia of an animal that was the subject of the proceeding.

To amend title 18, United States Code, with respect to civil                 ف The United States of America in Congress assembled, to provide for the reduction of the time that seized animals are held in Federal animal fighting cases, and to provide a legal way for animal welfare organizations and local animal shelters to minimize 󾌂    the cost of caring for animals seized before the courts, and for the Federal agencies tasked with enforcing animal fighting statutes to provide needed veterinary care, and protect communities, to minimize the legal costs of animal fighting, and ensure that the animals

Immigration

To provide for improvements in the treatment of detainees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Detainee Legal Rights Act''. SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS. (a) Establishment of Office of Legal Access Programs.--The Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing aliens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b) Legal Orientation Programs.--The legal orientation programs-- (1) shall provide programs to assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detainees held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied alien children, aliens with a serious mental disability, and other particularly vulnerable aliens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to detained aliens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding.--There shall be appropriated such sums as may be necessary to carry out this section. <all>

This bill directs the Department of Justice to establish an Office of Legal Access Programs within the Executive Office for Immigration Review. The office shall develop and administer programs to educate detained aliens about their legal rights under U.S. immigration law. The programs shall (1) assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal; and (2) identify particularly vulnerable aliens, such as unaccompanied children, for right to counsel considerations. The programs may also provide services to detained aliens in specified immigration (detention and removal) and asylum proceedings. The Department of Homeland Security shall establish procedures to ensure that such programs are available to all detained aliens within five days of arrival into custody, and provide such aliens with various information related to immigration hearing procedures and their rights under immigration law. The bill also provides funding for the programs.

To provide for improvements in the treatment of detainees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Detainee Legal Rights Act''. SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b) Legal Orientation Programs.--The legal orientation programs-- (1) shall provide programs to assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detainees held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied alien children, aliens with a serious mental disability, and other particularly vulnerable aliens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to detained aliens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding.--There shall be appropriated such sums as may be necessary to carry out this section.

To provide for improvements in the treatment of detainees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Detainee Legal Rights Act''. SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding.--There shall be appropriated such sums as may be necessary to carry out this section.

To provide for improvements in the treatment of detainees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Detainee Legal Rights Act''. SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS. (a) Establishment of Office of Legal Access Programs.--The Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing aliens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b) Legal Orientation Programs.--The legal orientation programs-- (1) shall provide programs to assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detainees held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied alien children, aliens with a serious mental disability, and other particularly vulnerable aliens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to detained aliens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding.--There shall be appropriated such sums as may be necessary to carry out this section. <all>

To provide for improvements in the treatment of detainees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrant Detainee Legal Rights Act''. SEC. 2. OFFICE OF LEGAL ACCESS PROGRAMS. (a) Establishment of Office of Legal Access Programs.--The Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing aliens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b) Legal Orientation Programs.--The legal orientation programs-- (1) shall provide programs to assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detainees held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied alien children, aliens with a serious mental disability, and other particularly vulnerable aliens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to detained aliens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding.--There shall be appropriated such sums as may be necessary to carry out this section. <all>

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. ( d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). ( c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). ( c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. ( d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). ( c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. ( d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). ( c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. ( d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. 1225, 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a). ( c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (

To provide for improvements in the treatment of detainees, and for other purposes. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. (c) Procedures.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. ( d) Rule of Construction.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (

This bill requires the Department of Justice (DOJ) to establish and maintain an Office of Legal Access Programs within the Executive Office for Immigration Review to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens about administrative procedures and legal rights under U.S. immigration law. DOJ must submit a plan to Congress for developing and deploying such programs for all detainees not later than one year after the bill's enactment. The bill also requires DOJ to ensure that programs and written notice of rights are available in English and the five most common native languages spoken by detainees held in custody at that

This bill requires the Department of Justice (DOJ) to establish and maintain an Office of Legal Access Programs within the Executive Office for Immigration Review to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens about administrative procedures and legal rights under U.S. immigration law and to establish other programs to assist in providing such aliens access to legal information. The Department of Homeland Security (DHS) must establish procedures that ensure that programs and written notice of rights are available in English and the five most common native languages spoken by detainees held in custody at that location during the preceding fiscal

This bill requires the Department of Justice (DOJ) to develop and deploy legal orientation programs for all detained aliens within five days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by DOJ, such as a contact list of potential legal resources and providers.

This bill requires the Department of Justice (DOJ) to develop and deploy legal orientation programs for all detained aliens within five days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by DOJ. DOJ must also establish procedures that ensure that such programs are available for all such detainees within 5 days.

This bill requires the Department of Justice to establish an Office of Legal Access Programs within the Executive Office for Immigration Review to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens regarding administrative procedures and legal rights under U.S. immigration law and to establish other programs to assist in providing aliens access to legal information.

This bill requires the Department of Justice (DOJ) to establish an Office of Legal Access Programs within the Executive Office for Immigration Review to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens regarding administrative procedures and legal rights under U.S. immigration law and to establish other programs to assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and federal custody processes and to improve access to counsel and other legal services. DOJ must submit a plan to Congress including a schedule to

This bill requires the Department of Homeland Security (DHS) to establish procedures to ensure that legal orientation programs are available for all detained aliens within five days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by DHS. DHS must also submit a plan to Congress to develop and deploy such programs.

This bill requires the Department of Homeland Security (DHS) to establish procedures that ensure that legal orientation programs are available for all detained aliens within five days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by DHS. DHS must submit a plan to Congress including a schedule to develop and deploy such programs.

To provide for improvements in the treatment of detainees, and for                 The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of the United States of America, shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and                administer a system of legal orientation programs to make immigration                proceedings more efficient and cost-effective by educating aliens                regarding administrative procedures and legal rights under United                States immigration law and to establish other programs to assist in                providing aliens access to legal information. The Attorney General

Agriculture and Food

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Farm to School Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Across the United States, school food service directors of school lunch programs face very tight budgets, and many find it challenging to shift their procurement practices without additional support. (2) One way to encourage school food service directors to procure more locally produced foods is to offer reimbursements to provide financial incentives for purchases and ease the process of shifting existing procurement practices. (3) Research suggests that providing financial incentives to school food service directors for purchasing of locally produced foods, can result in an overall positive economic effect for farmers and local economies. (4) In one such study, Cornell University researchers found that providing an additional $0.05-per-lunch subsidy incentive to school food service directors in New York State that use local fruits or vegetables one day per week would have an overall positive economic effect for farmers and local economies. (5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. (b) Purpose.--The purpose of this Act is to provide incentives for school food service directors of school lunch programs to increase purchases of locally produced, processed, and unprocessed foods from small farmers, thereby providing healthier lunches for children and creating a positive economic effect for small farmers and local economies. SEC. 3. LOCALLY PRODUCED FOODS PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(2) Application.--To be eligible to receive a grant under this subsection, a State or Indian tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(3) Selection of states.-- ``(A) Regional requirement.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall select at least one State or Indian tribal organization located in each of the following regions designated by the Administrator of the Food and Nutrition Service: ``(i) The Mid-Atlantic Region. ``(ii) The Midwest Region. ``(iii) The Mountain Plains Region. ``(iv) The Northeast Region. ``(v) The Southern Region. ``(vi) The Southwest Region. ``(vii) The Western Region. ``(B) Priority.-- ``(i) Highest priority.--To the maximum extent practicable, in awarding grants under this subsection, the Secretary shall give the highest priority to a State or Indian tribal organization that proposes in an application under paragraph (2) to carry out a project that, as determined by the Secretary-- ``(I) makes local food products available on the menu of the eligible institution; ``(II) serves a high proportion of children who are eligible for free or reduced price meals; ``(III) incorporates experiential, and traditional and culturally appropriate nutrition, food, or agricultural education activities in curriculum planning; ``(IV) serves a high proportion of children from socially disadvantaged backgrounds; ``(V) demonstrates collaboration between State and local agencies, Tribal organizations and agencies, agricultural producers or groups of agricultural producers, land-grant colleges and universities, and nonprofit entities; ``(VI) includes adequate and participatory evaluation plans, as determined by the Secretary; ``(VII) demonstrates the potential for long-term sustainability; ``(VIII) increases the availability of locally produced foods to children; and ``(IX) meets any other criteria that the Secretary determines appropriate. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. ``(B) Matching funds requirement.--A State or Indian tribal organization that receives a grant under this subsection shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. ``(5) Reports.-- ``(A) State report.--Not later than 1 year after the date of the enactment of this subsection, a State or Indian tribal organization awarded a grant under this subsection shall submit a report to the Secretary that includes-- ``(i) the quantity of locally grown foods annually purchased and served prior to a grant under this subsection; ``(ii) the locally grown foods purchased and served pursuant to a grant under this subsection; ``(iii) the source, quantity, and cost of each such food described in clauses (i) and (ii); and ``(iv) an assessment of the activities carried out by such State pursuant to such grant. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(6) Supplement, not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subsection. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. Such allocation shall be made on a pro rata basis determined by the total number of reimbursable meals served during the previous school year. ``(B) Administrative.--Of the funds made available to a State or Indian tribal organization under this subsection, not more than 3 percent may be used for administrative expenses. ``(8) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $20,000,000 for fiscal year 2021 and each succeeding fiscal year, to remain available until expended. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(ii) Procurement from local agricultural producers. ``(iii) Educational activities relating to agriculture, nutrition, or food. ``(B) Locally produced.--The term `locally produced' means food that is-- ``(i) raised, produced, and distributed in a locality that is less than 400 miles from the point of sale of such food, or ``(ii) raised, produced, distributed, and sold within the same State, territory, or Tribal land. ``(C) Majority-controlled producer-based business venture.--The term `majority-controlled producer-based venture' has the meaning given the term in section 210A for the Agricultural Marketing Act of 1946 (7 U.S.C. 1627(c)). ``(D) Qualified lunch.--The term `qualified lunch' means a lunch served by a school food authority under this Act of which at least one component of such lunch is comprised entirely of locally produced and unprocessed foods procured directly from-- ``(i) an independent producer; ``(ii) an agricultural producer group, farmer, or rancher cooperative or majority- controlled producer-based venture-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority; or ``(iii) an intermediary-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. The effects of the following food handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different kind or character: cooling; refrigerating; freezing; size adjustment made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; forming ground products into patties without any additives or fillers; drying/dehydration; washing; packaging (such as placing eggs in cartons), vacuum packing and bagging (such as placing vegetables in bags or combining 2 or more types of vegetables or fruits in a single package); the addition of ascorbic acid or other preservatives to prevent oxidation of produce; butchering livestock and poultry; cleaning fish; and the pasteurization of milk. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''. <all>

This bill directs the Department of Agriculture (USDA) to award three-year grants to eight states or tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that include at least one component that is comprised entirely of locally-produced and unprocessed foods procured directly from certain agricultural producers. USDA must select at least one state or tribal organization located in each of the following regions: (1) the Mid-Atlantic Region, (2) the Midwest Region, (3) the Mountain Plains Region, (4) the Northeast Region, (5) the Southern Region, (6) the Southwest Region, and (7) the Western Region. USDA must give the highest priority to applications that propose to carry out certain projects, including projects that (1) serve a high proportion of children from socially disadvantaged backgrounds, and (2) increase the availability of locally-produced foods to children. Additionally, priority must be given to states or tribal organizations with a high quantity and variety of growers of local fruits and vegetables on a per capita basis, and with a demonstrated commitment to farm-to-school activities. Each state or tribal organization that receives a grant must provide, from nonfederal sources, an amount equal to 100% of the awarded grant amount.

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 ``Small Farm to School Act of 2021''. FINDINGS AND PURPOSE. (3) Research suggests that providing financial incentives to school food service directors for purchasing of locally produced foods, can result in an overall positive economic effect for farmers and local economies. SEC. 3. LOCALLY PRODUCED FOODS PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(2) Application.--To be eligible to receive a grant under this subsection, a State or Indian tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(iii) The Mountain Plains Region. ``(iv) The Northeast Region. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. Such allocation shall be made on a pro rata basis determined by the total number of reimbursable meals served during the previous school year. ``(8) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $20,000,000 for fiscal year 2021 and each succeeding fiscal year, to remain available until expended. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(ii) Procurement from local agricultural producers. 1627(c)). ``(D) Qualified lunch.--The term `qualified lunch' means a lunch served by a school food authority under this Act of which at least one component of such lunch is comprised entirely of locally produced and unprocessed foods procured directly from-- ``(i) an independent producer; ``(ii) an agricultural producer group, farmer, or rancher cooperative or majority- controlled producer-based venture-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority; or ``(iii) an intermediary-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character.

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 ``Small Farm to School Act of 2021''. FINDINGS AND PURPOSE. (3) Research suggests that providing financial incentives to school food service directors for purchasing of locally produced foods, can result in an overall positive economic effect for farmers and local economies. SEC. 3. LOCALLY PRODUCED FOODS PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(2) Application.--To be eligible to receive a grant under this subsection, a State or Indian tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(iii) The Mountain Plains Region. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. ``(8) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $20,000,000 for fiscal year 2021 and each succeeding fiscal year, to remain available until expended. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(ii) Procurement from local agricultural producers. 1627(c)). ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Farm to School Act of 2021''. FINDINGS AND PURPOSE. (3) Research suggests that providing financial incentives to school food service directors for purchasing of locally produced foods, can result in an overall positive economic effect for farmers and local economies. SEC. 3. LOCALLY PRODUCED FOODS PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(2) Application.--To be eligible to receive a grant under this subsection, a State or Indian tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(iii) The Mountain Plains Region. ``(iv) The Northeast Region. ``(v) The Southern Region. ``(vi) The Southwest Region. ``(vii) The Western Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. Such allocation shall be made on a pro rata basis determined by the total number of reimbursable meals served during the previous school year. ``(8) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $20,000,000 for fiscal year 2021 and each succeeding fiscal year, to remain available until expended. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(ii) Procurement from local agricultural producers. ``(iii) Educational activities relating to agriculture, nutrition, or food. 1627(c)). ``(D) Qualified lunch.--The term `qualified lunch' means a lunch served by a school food authority under this Act of which at least one component of such lunch is comprised entirely of locally produced and unprocessed foods procured directly from-- ``(i) an independent producer; ``(ii) an agricultural producer group, farmer, or rancher cooperative or majority- controlled producer-based venture-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority; or ``(iii) an intermediary-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. The effects of the following food handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different kind or character: cooling; refrigerating; freezing; size adjustment made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; forming ground products into patties without any additives or fillers; drying/dehydration; washing; packaging (such as placing eggs in cartons), vacuum packing and bagging (such as placing vegetables in bags or combining 2 or more types of vegetables or fruits in a single package); the addition of ascorbic acid or other preservatives to prevent oxidation of produce; butchering livestock and poultry; cleaning fish; and the pasteurization of milk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Farm to School Act of 2021''. FINDINGS AND PURPOSE. (3) Research suggests that providing financial incentives to school food service directors for purchasing of locally produced foods, can result in an overall positive economic effect for farmers and local economies. (5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. SEC. 3. LOCALLY PRODUCED FOODS PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(2) Application.--To be eligible to receive a grant under this subsection, a State or Indian tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(iii) The Mountain Plains Region. ``(iv) The Northeast Region. ``(v) The Southern Region. ``(vi) The Southwest Region. ``(vii) The Western Region. ``(B) Priority.-- ``(i) Highest priority.--To the maximum extent practicable, in awarding grants under this subsection, the Secretary shall give the highest priority to a State or Indian tribal organization that proposes in an application under paragraph (2) to carry out a project that, as determined by the Secretary-- ``(I) makes local food products available on the menu of the eligible institution; ``(II) serves a high proportion of children who are eligible for free or reduced price meals; ``(III) incorporates experiential, and traditional and culturally appropriate nutrition, food, or agricultural education activities in curriculum planning; ``(IV) serves a high proportion of children from socially disadvantaged backgrounds; ``(V) demonstrates collaboration between State and local agencies, Tribal organizations and agencies, agricultural producers or groups of agricultural producers, land-grant colleges and universities, and nonprofit entities; ``(VI) includes adequate and participatory evaluation plans, as determined by the Secretary; ``(VII) demonstrates the potential for long-term sustainability; ``(VIII) increases the availability of locally produced foods to children; and ``(IX) meets any other criteria that the Secretary determines appropriate. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. Such allocation shall be made on a pro rata basis determined by the total number of reimbursable meals served during the previous school year. ``(8) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $20,000,000 for fiscal year 2021 and each succeeding fiscal year, to remain available until expended. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(ii) Procurement from local agricultural producers. ``(iii) Educational activities relating to agriculture, nutrition, or food. 1627(c)). ``(D) Qualified lunch.--The term `qualified lunch' means a lunch served by a school food authority under this Act of which at least one component of such lunch is comprised entirely of locally produced and unprocessed foods procured directly from-- ``(i) an independent producer; ``(ii) an agricultural producer group, farmer, or rancher cooperative or majority- controlled producer-based venture-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority; or ``(iii) an intermediary-- ``(I) that is privately held and incorporated within a 400-mile radius of the school food authority procuring such locally produced and unprocessed foods; and ``(II) of which the majority of the owners are located within a 400-mile radius of such school food authority. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. The effects of the following food handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different kind or character: cooling; refrigerating; freezing; size adjustment made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; forming ground products into patties without any additives or fillers; drying/dehydration; washing; packaging (such as placing eggs in cartons), vacuum packing and bagging (such as placing vegetables in bags or combining 2 or more types of vegetables or fruits in a single package); the addition of ascorbic acid or other preservatives to prevent oxidation of produce; butchering livestock and poultry; cleaning fish; and the pasteurization of milk.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. 4) In one such study, Cornell University researchers found that providing an additional $0.05-per-lunch subsidy incentive to school food service directors in New York State that use local fruits or vegetables one day per week would have an overall positive economic effect for farmers and local economies. (5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(3) Selection of states.-- ``(A) Regional requirement.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall select at least one State or Indian tribal organization located in each of the following regions designated by the Administrator of the Food and Nutrition Service: ``(i) The Mid-Atlantic Region. ``(iv) The Northeast Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. ``(B) Matching funds requirement.--A State or Indian tribal organization that receives a grant under this subsection shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(B) Locally produced.--The term `locally produced' means food that is-- ``(i) raised, produced, and distributed in a locality that is less than 400 miles from the point of sale of such food, or ``(ii) raised, produced, distributed, and sold within the same State, territory, or Tribal land. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. FINDINGS AND PURPOSE. ( 5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(v) The Southern Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(6) Supplement, not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subsection. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. FINDINGS AND PURPOSE. ( 5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(v) The Southern Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(6) Supplement, not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subsection. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. 4) In one such study, Cornell University researchers found that providing an additional $0.05-per-lunch subsidy incentive to school food service directors in New York State that use local fruits or vegetables one day per week would have an overall positive economic effect for farmers and local economies. (5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(3) Selection of states.-- ``(A) Regional requirement.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall select at least one State or Indian tribal organization located in each of the following regions designated by the Administrator of the Food and Nutrition Service: ``(i) The Mid-Atlantic Region. ``(iv) The Northeast Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. ``(B) Matching funds requirement.--A State or Indian tribal organization that receives a grant under this subsection shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(B) Locally produced.--The term `locally produced' means food that is-- ``(i) raised, produced, and distributed in a locality that is less than 400 miles from the point of sale of such food, or ``(ii) raised, produced, distributed, and sold within the same State, territory, or Tribal land. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. FINDINGS AND PURPOSE. ( 5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(v) The Southern Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(6) Supplement, not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subsection. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. 4) In one such study, Cornell University researchers found that providing an additional $0.05-per-lunch subsidy incentive to school food service directors in New York State that use local fruits or vegetables one day per week would have an overall positive economic effect for farmers and local economies. (5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(3) Selection of states.-- ``(A) Regional requirement.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall select at least one State or Indian tribal organization located in each of the following regions designated by the Administrator of the Food and Nutrition Service: ``(i) The Mid-Atlantic Region. ``(iv) The Northeast Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(4) Use of funds.-- ``(A) In general.--A State or Indian tribal organization that receives a grant under this subsection shall use the grant funds to provide to an additional 2.5 cents reimbursement to each school food authority located in such State for each qualified lunch served by such school food authority. ``(B) Matching funds requirement.--A State or Indian tribal organization that receives a grant under this subsection shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(9) Definitions.--In this subsection: ``(A) Farm-to-school activities.--The term `farm- to-school activities' includes the following activities: ``(i) Planting and maintenance of farms or gardens. ``(B) Locally produced.--The term `locally produced' means food that is-- ``(i) raised, produced, and distributed in a locality that is less than 400 miles from the point of sale of such food, or ``(ii) raised, produced, distributed, and sold within the same State, territory, or Tribal land. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. FINDINGS AND PURPOSE. ( 5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( 1769) is amended by inserting before subsection (b) the following: ``(a) Locally Produced Foods Pilot Program.-- ``(1) In general.--The Secretary shall carry out a grant program to make 3-year grants to 8 States or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are qualified lunches (as defined in paragraph (10)). ``(v) The Southern Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(6) Supplement, not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subsection. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character. ``(F) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.''.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. 5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( ``(3) Selection of states.-- ``(A) Regional requirement.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall select at least one State or Indian tribal organization located in each of the following regions designated by the Administrator of the Food and Nutrition Service: ``(i) The Mid-Atlantic Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection. ``(E) Unprocessed.--The term `unprocessed' means only those agricultural products that retain their inherent character.

To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally grown foods, and for other purposes. 5) In a report on Michigan's ``10 Cents a Meal for School Kids and Farms'' State pilot program, researchers found that providing schools with up to $0.10-per-meal in incentive match funding to purchase and serve Michigan-grown fruits, vegetables, and dry beans resulted in an overall positive economic effect for the State's economy, doubling the investment of such State in the program. ( ``(3) Selection of states.-- ``(A) Regional requirement.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall select at least one State or Indian tribal organization located in each of the following regions designated by the Administrator of the Food and Nutrition Service: ``(i) The Mid-Atlantic Region. ``(ii) Additional priority.--In awarding grants to States or Indian tribal organizations under this subsection, the Secretary shall, in addition to the priority described in clause (i), give priority to-- ``(I) a State or Indian tribal organization with a high quantity and variety of growers of local fruits and vegetables on a per capita basis; and ``(II) a State or Indian tribal organization with a demonstrated commitment to farm-to-school activities. ``(B) Department report.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(i) an analysis of the pilot project under this subsection; ``(ii) the data reported to the Secretary by participating States and Indian tribal organizations under subparagraph (A); and ``(iii) a benefit-cost ratio analysis taking into account the increased economic activity on farms, input suppliers, and others employed in the food distribution sector. ``(7) Allocation of funds.-- ``(A) In general.--Of the funds made available to carry out this subsection in a fiscal year, the Secretary shall make an allocation to the 8 States or Indian tribal organizations awarded a grant under this subsection.

This bill requires the Department of Agriculture (USDA) to establish a pilot program to provide states with an increased reimbursement for school lunches that are comprised of locally grown foods. USDA must also establish a grant program to support the implementation of the program.

This bill directs the Department of Agriculture (USDA) to establish a three-year pilot program to provide states with an increased reimbursement for school lunches that are comprised of locally grown foods. USDA must also award grants to school food service directors to increase purchases of locally produced, processed, and unprocessed foods.

This bill directs the Department of Agriculture to establish a pilot program to award grants to state or Indian tribal organizations to provide additional 2.5 cents reimbursement to each school food authority for each qualified lunch served by such authority.

This bill directs the Department of Agriculture (USDA) to award grants to state or Indian tribal organizations to implement a pilot program to provide reimbursement to each school food authority for each qualified lunch served by such authority. A qualified lunch is a lunch served under the National School Lunch Program that at least one component of such lunch is comprised entirely of locally produced and unprocessed foods procured directly from (1) an independent producer, (2) an agricultural producer group, farmer, or rancher cooperative or majority-controlled producer-based venture that is privately held and incorporated within a 400-mile radius of the food authority procuring

This bill directs the Department of Agriculture (USDA) to establish a pilot program to award grants to states or Indian tribal organizations to provide additional 2.5 cents reimbursement to each school food authority located in each state for each qualified lunch served by such authority. The bill defines qualified lunch as a lunch that at least one component of such lunch is comprised entirely of locally produced and unprocessed foods procured directly from (1) an independent producer, (2) an agricultural producer group, farmer, or rancher cooperative or majority-controlled producer-based venture, or (3) an intermediary that is privately held and incorporated within

This bill directs the Department of Agriculture to award grants to states or Indian tribal organizations to carry out a project that (1) makes local food products available on the menu of the eligible institution, (2) serves a high proportion of children who are eligible for free or reduced-price meals, (3) incorporates experiential, and traditional and culturally appropriate nutrition, food, or agricultural education activities in curriculum planning, (4) serves children from socially disadvantaged backgrounds, (5) demonstrates collaboration between state and local agencies, tribal organizations and agencies, agricultural producers or groups of agricultural producers, land-grant colleges and universities,

This bill requires the Department of Agriculture (USDA) to carry out a three-year pilot program to award grants to eight states or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are comprised of locally grown foods. USDA must prioritize awarding grants to states or tribal organizations with a high quantity and variety of growers of local fruits and vegetables on a per capita basis and a demonstrated commitment to farm-to-school activities.

This bill directs the Food and Nutrition Service (FNS) to establish a three-year pilot program to award grants to eight states or Indian tribal organizations to provide school food authorities with an increased reimbursement for free and reduced price lunches that are comprised of locally grown foods.

To amend the Richard B. Russell National School Lunch Act (42                U.S.C. 1769) is amended by inserting before subsection (b) the                following:                 ``(a) Locally Produced Foods Pilot Program.-- ``(b) Small Farm to School Act of 2021. ``(c) Small Food to School Program for Kids and Farms.-- ``(d) Small School to School Food Program for Children and Farms. ``(e) Small Foods to Schools Program for Families and Kids and Farmers.-- ``(f) Small Farmers to Schools Act of 2011. ``(g) Small Farms to Schools

Native Americans

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations 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 ``Tribal Labor Sovereignty Act of 2021''. SEC. 2. DEFINITION OF EMPLOYER. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(16) The term `Indian' means any individual who is a member of an Indian Tribe. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''. <all>

This bill excludes Indian tribes and tribal enterprises and institutions on tribal land from requirements for employers under the National Labor Relations Act (NLRA). (Currently under the NLRA, employers may not engage in unfair labor practices and must allow employees to form unions, engage in collective bargaining, and take collective action.)

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations 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 ``Tribal Labor Sovereignty Act of 2021''. SEC. 2. DEFINITION OF EMPLOYER. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(16) The term `Indian' means any individual who is a member of an Indian Tribe. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''. <all>

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations 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 ``Tribal Labor Sovereignty Act of 2021''. SEC. 2. DEFINITION OF EMPLOYER. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(16) The term `Indian' means any individual who is a member of an Indian Tribe. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''. <all>

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations 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 ``Tribal Labor Sovereignty Act of 2021''. SEC. 2. DEFINITION OF EMPLOYER. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(16) The term `Indian' means any individual who is a member of an Indian Tribe. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''. <all>

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations 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 ``Tribal Labor Sovereignty Act of 2021''. SEC. 2. DEFINITION OF EMPLOYER. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(16) The term `Indian' means any individual who is a member of an Indian Tribe. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''. <all>

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian Tribe' means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe.''.

This bill expands the definition of employee to include any Indian tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.

This bill expands the definition of Indian labor to include any Indian tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.

This bill expands the definition of employee to include any individual who is a member of an Indian tribe or enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands.

This bill expands the definition of employee to include any individual who is a member of an Indian tribe or enterprise or institution owned and operated by such tribe and located on its Indian lands.

This bill defines Indian tribe as any Indian tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

This bill defines Indian tribe as any Indian tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

This bill expands the definition of Indian tribe to include any Indian tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.

This bill expands the rights of Indians and Indian tribes to organize and bargain collectively for labor rights under the National Labor Relations Act. Specifically, the bill defines Indian tribe as any Indian tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.

To clarify the rights of Indians and Indian Tribes on Indian lands                 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) (36) (37

Native Americans

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement 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 ``Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act''. SEC. 2. PURPOSE. The purpose of this Act is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by authorizing the Alaska Natives enrolled in the communities-- (1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land pursuant to that Act. SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS. Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. SEC. 4. SHAREHOLDER ELIGIBILITY. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholder of the Regional Corporation for Southeast Alaska shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village Corporation or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. SEC. 5. DISTRIBUTION RIGHTS. Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) in the third sentence, by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; (B) in the second sentence, by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j).''. SEC. 6. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(b) Conveyances of Land.-- ``(1) Authorization.-- ``(A) Conveyances to urban corporations.--Subject to valid existing rights and paragraphs (3), (4), (5), and (6), the Secretary shall convey-- ``(i) to the Urban Corporation for Haines, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Haines Selections', numbered 1 and 2, and dated February 19, 2021; ``(ii) to the Urban Corporation for Ketchikan, the surface estate in 9 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Ketchikan Selections', numbered 1 through 4, and dated February 19, 2021; ``(iii) to the Urban Corporation for Petersburg, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Petersburg Selections', numbered 1 through 3, and dated February 19, 2021; ``(iv) to the Urban Corporation for Tenakee, the surface estate in 14 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Tenakee Selections', numbered 1 through 3, and dated February 19, 2021; and ``(v) to the Urban Corporation for Wrangell, the surface estate in 13 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Wrangell Selections', numbered 1 through 5, and dated February 19, 2021. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(C) Congressional intent.--It is the intent of Congress that the Secretary convey the surface estates described in subparagraph (A) not later than the date that is 2 years after the applicable date of incorporation under section 16(e)(1) of an Urban Corporation. ``(2) Withdrawal.-- ``(A) In general.--Subject to valid existing rights, the Federal land described in paragraph (1) is withdrawn from all forms of-- ``(i) entry, appropriation, or disposal under the public land laws; ``(ii) location, entry, and patent under the mining laws; ``(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials; and ``(iv) selection under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21). ``(B) Termination.--The withdrawal under subparagraph (A) shall remain in effect until the date on which the Federal land is conveyed under paragraph (1). ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(4) Public easements.-- ``(A) In general.--The conveyance and patents for the land under paragraph (1)(A) shall be subject to the reservation of public easements under section 17(b). ``(B) Termination.--No public easement reserved on land conveyed under paragraph (1)(A) shall be terminated by the Secretary without publication of notice of the proposed termination in the Federal Register. ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(5) Hunting, fishing, recreation, and access.-- ``(A) In general.--Any land conveyed under paragraph (1)(A), including access to the land through roadways, trails, and forest roads, shall remain open and available to subsistence uses, noncommercial recreational hunting and fishing, and other noncommercial recreational uses by the public under applicable law-- ``(i) without liability on the part of the Urban Corporation, except for willful acts of the Urban Corporation, to any user as a result of the use; and ``(ii) subject to-- ``(I) any reasonable restrictions that may be imposed by the Urban Corporation on the public use-- ``(aa) to ensure public safety; ``(bb) to minimize conflicts between recreational and commercial uses; ``(cc) to protect cultural resources; ``(dd) to conduct scientific research; or ``(ee) to provide environmental protection; and ``(II) the condition that the Urban Corporation post on any applicable property, in accordance with State law, notices of the restrictions on use. ``(B) Effect.--Access provided to any individual or entity under subparagraph (A) shall not-- ``(i) create an interest in any third party in the land conveyed under paragraph (1)(A); or ``(ii) provide standing to any third party in any review of, or challenge to, any determination by the Urban Corporation with respect to the management or development of the land conveyed under paragraph (1)(A), except as against the Urban Corporation for the management of public access under subparagraph (A). ``(6) Miscellaneous.-- ``(A) Special use authorizations.-- ``(i) In general.--On the conveyance of land to an Urban Corporation under paragraph (1)(A)-- ``(I) any guiding or outfitting special use authorization issued by the Forest Service for the use of the conveyed land shall terminate; and ``(II) as a condition of the conveyance and consistent with section 14(g), the Urban Corporation shall issue the holder of the special use authorization terminated under subclause (I) an authorization to continue the authorized use, subject to the terms and conditions that were in the special use authorization issued by the Forest Service, for-- ``(aa) the remainder of the term of the authorization; and ``(bb) 1 additional consecutive 10-year renewal period. ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(iii) Negotiation of new terms.--Nothing in this paragraph precludes the Urban Corporation and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(B) Roads and facilities.-- ``(i) In general.--The Secretary of Agriculture shall negotiate in good faith with the Urban Corporation to develop a binding agreement for-- ``(I) the use of National Forest System roads and related transportation facilities by the Urban Corporation; and ``(II) the use of the roads and related transportation facilities of the Urban Corporation by the Forest Service and designees of the Forest Service. ``(ii) Terms and conditions.--The binding agreement under clause (i)-- ``(I) shall provide that the State (including entities and designees of the State) shall be authorized to use the roads and related transportation facilities of the Urban Corporation on substantially similar terms as are provided by the Urban Corporation to the Forest Service; ``(II) shall include restrictions on, and fees for, the use of the National Forest System roads and related transportation facilities in existence as of the date of enactment of this section, as necessary, that are reasonable and comparable to the restrictions and fees imposed by the Forest Service for the use of the roads and related transportation facilities; and ``(III) shall not restrict or limit any access to the roads and related transportation facilities of the Urban Corporation or the Forest Service that may be otherwise provided by valid existing rights and agreements in existence as of the date of enactment of this section. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(iv) Continued access.--Beginning on the date on which the land is conveyed to the Urban Corporation under paragraph (1)(A) and ending on the effective date of a binding agreement entered into under clause (i), the Urban Corporation shall provide and allow administrative access to roads and related transportation facilities on the land under substantially similar terms as are provided by the Forest Service as of the date of enactment of this section. ``(C) Effect on other laws.-- ``(i) In general.--Nothing in this section delays the duty of the Secretary to convey land to-- ``(I) the State under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21); or ``(II) a Native Corporation under-- ``(aa) this Act; or ``(bb) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452). ``(ii) Statehood entitlement.-- ``(I) In general.--Statehood selections under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21) are not displaced by the parcels of land described in clauses (i) through (v) of paragraph (1)(A). ``(II) Boundary adjustments.--In the event of a dispute between an area selected as a Statehood selection and a parcel of land referred to in subclause (I), the Secretary shall work with the Urban Corporation and the State in good faith to adjust the boundary of the parcel to exclude any area selected as a Statehood selection. ``(iii) Conveyances.--The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with-- ``(I) this Act; and ``(II) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452). ``(iv) Fish and wildlife.--Nothing in this section enlarges or diminishes the responsibility and authority of the State with respect to the management of fish and wildlife on public land in the State. ``(D) Maps.-- ``(i) Availability.--Each map referred to in paragraph (1)(A) shall be available in the appropriate offices of the Secretary and the Secretary of Agriculture. ``(ii) Corrections.--The Secretary, in consultation with the Secretary of Agriculture, may make any necessary correction to a clerical or typographical error in a map referred to in paragraph (1)(A). ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(2) Conditions.--The conveyance under paragraph (1) shall be subject to-- ``(A) section 14(g); and ``(B) all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under paragraph (1). ``(3) Continuation of agreements.-- ``(A) In general.--On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights- of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section. ``(B) Requirement.--In accordance with section 14(g), any right-of-way, easement, or agreement described in subparagraph (A) shall continue unless the right-of-way, easement, or agreement-- ``(i) expires under its own terms; or ``(ii) is mutually renegotiated. ``(d) Settlement Trust.-- ``(1) In general.--Each Urban Corporation may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the community of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, as applicable. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) thereafter to the support of all other enrollees. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development.''. <all>

This bill allows five Alaska Native communities in Southeast Alaska to form urban corporations and receive land entitlements. Specifically, the bill allows the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. The bill directs the Department of the Interior to convey specified land to each urban corporation. Further, Interior must convey the subsurface estate for that land to the regional corporation for Southeast Alaska. Interior must also convey to each urban corporation any U.S. interest in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the urban corporation. The bill also allows each urban corporation to establish a settlement trust to (1) promote the health, education, and welfare of the trust beneficiaries; and (2) preserve the Alaska Native heritage and culture of their communities.

This Act may be cited as the ``Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act''. 2. PURPOSE. 3. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. 4. SHAREHOLDER ELIGIBILITY. 5. DISTRIBUTION RIGHTS. SEC. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(b) Conveyances of Land.-- ``(1) Authorization.-- ``(A) Conveyances to urban corporations.--Subject to valid existing rights and paragraphs (3), (4), (5), and (6), the Secretary shall convey-- ``(i) to the Urban Corporation for Haines, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Haines Selections', numbered 1 and 2, and dated February 19, 2021; ``(ii) to the Urban Corporation for Ketchikan, the surface estate in 9 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Ketchikan Selections', numbered 1 through 4, and dated February 19, 2021; ``(iii) to the Urban Corporation for Petersburg, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Petersburg Selections', numbered 1 through 3, and dated February 19, 2021; ``(iv) to the Urban Corporation for Tenakee, the surface estate in 14 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Tenakee Selections', numbered 1 through 3, and dated February 19, 2021; and ``(v) to the Urban Corporation for Wrangell, the surface estate in 13 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Wrangell Selections', numbered 1 through 5, and dated February 19, 2021. 21). ``(B) Termination.--The withdrawal under subparagraph (A) shall remain in effect until the date on which the Federal land is conveyed under paragraph (1). ``(B) Roads and facilities.-- ``(i) In general.--The Secretary of Agriculture shall negotiate in good faith with the Urban Corporation to develop a binding agreement for-- ``(I) the use of National Forest System roads and related transportation facilities by the Urban Corporation; and ``(II) the use of the roads and related transportation facilities of the Urban Corporation by the Forest Service and designees of the Forest Service. 1611 note; Public Law 108-452). ``(iv) Fish and wildlife.--Nothing in this section enlarges or diminishes the responsibility and authority of the State with respect to the management of fish and wildlife on public land in the State.

2. PURPOSE. 3. 4. 5. DISTRIBUTION RIGHTS. SEC. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. is amended by adding at the end the following: ``SEC. ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(b) Conveyances of Land.-- ``(1) Authorization.-- ``(A) Conveyances to urban corporations.--Subject to valid existing rights and paragraphs (3), (4), (5), and (6), the Secretary shall convey-- ``(i) to the Urban Corporation for Haines, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Haines Selections', numbered 1 and 2, and dated February 19, 2021; ``(ii) to the Urban Corporation for Ketchikan, the surface estate in 9 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Ketchikan Selections', numbered 1 through 4, and dated February 19, 2021; ``(iii) to the Urban Corporation for Petersburg, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Petersburg Selections', numbered 1 through 3, and dated February 19, 2021; ``(iv) to the Urban Corporation for Tenakee, the surface estate in 14 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Tenakee Selections', numbered 1 through 3, and dated February 19, 2021; and ``(v) to the Urban Corporation for Wrangell, the surface estate in 13 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Wrangell Selections', numbered 1 through 5, and dated February 19, 2021. ``(B) Termination.--The withdrawal under subparagraph (A) shall remain in effect until the date on which the Federal land is conveyed under paragraph (1). ``(B) Roads and facilities.-- ``(i) In general.--The Secretary of Agriculture shall negotiate in good faith with the Urban Corporation to develop a binding agreement for-- ``(I) the use of National Forest System roads and related transportation facilities by the Urban Corporation; and ``(II) the use of the roads and related transportation facilities of the Urban Corporation by the Forest Service and designees of the Forest Service. 1611 note; Public Law 108-452).

This Act may be cited as the ``Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act''. 2. PURPOSE. 3. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. 4. SHAREHOLDER ELIGIBILITY. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village Corporation or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. 5. DISTRIBUTION RIGHTS. SEC. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(b) Conveyances of Land.-- ``(1) Authorization.-- ``(A) Conveyances to urban corporations.--Subject to valid existing rights and paragraphs (3), (4), (5), and (6), the Secretary shall convey-- ``(i) to the Urban Corporation for Haines, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Haines Selections', numbered 1 and 2, and dated February 19, 2021; ``(ii) to the Urban Corporation for Ketchikan, the surface estate in 9 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Ketchikan Selections', numbered 1 through 4, and dated February 19, 2021; ``(iii) to the Urban Corporation for Petersburg, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Petersburg Selections', numbered 1 through 3, and dated February 19, 2021; ``(iv) to the Urban Corporation for Tenakee, the surface estate in 14 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Tenakee Selections', numbered 1 through 3, and dated February 19, 2021; and ``(v) to the Urban Corporation for Wrangell, the surface estate in 13 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Wrangell Selections', numbered 1 through 5, and dated February 19, 2021. 21). ``(B) Termination.--The withdrawal under subparagraph (A) shall remain in effect until the date on which the Federal land is conveyed under paragraph (1). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(iii) Negotiation of new terms.--Nothing in this paragraph precludes the Urban Corporation and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. ``(B) Roads and facilities.-- ``(i) In general.--The Secretary of Agriculture shall negotiate in good faith with the Urban Corporation to develop a binding agreement for-- ``(I) the use of National Forest System roads and related transportation facilities by the Urban Corporation; and ``(II) the use of the roads and related transportation facilities of the Urban Corporation by the Forest Service and designees of the Forest Service. ``(ii) Statehood entitlement.-- ``(I) In general.--Statehood selections under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. 1611 note; Public Law 108-452). ``(iv) Fish and wildlife.--Nothing in this section enlarges or diminishes the responsibility and authority of the State with respect to the management of fish and wildlife on public land in the State. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development.''.

SHORT TITLE. This Act may be cited as the ``Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act''. 2. PURPOSE. 3. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. 4. SHAREHOLDER ELIGIBILITY. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village Corporation or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. 5. DISTRIBUTION RIGHTS. SEC. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(b) Conveyances of Land.-- ``(1) Authorization.-- ``(A) Conveyances to urban corporations.--Subject to valid existing rights and paragraphs (3), (4), (5), and (6), the Secretary shall convey-- ``(i) to the Urban Corporation for Haines, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Haines Selections', numbered 1 and 2, and dated February 19, 2021; ``(ii) to the Urban Corporation for Ketchikan, the surface estate in 9 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Ketchikan Selections', numbered 1 through 4, and dated February 19, 2021; ``(iii) to the Urban Corporation for Petersburg, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Petersburg Selections', numbered 1 through 3, and dated February 19, 2021; ``(iv) to the Urban Corporation for Tenakee, the surface estate in 14 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Tenakee Selections', numbered 1 through 3, and dated February 19, 2021; and ``(v) to the Urban Corporation for Wrangell, the surface estate in 13 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled `Wrangell Selections', numbered 1 through 5, and dated February 19, 2021. 21). ``(B) Termination.--The withdrawal under subparagraph (A) shall remain in effect until the date on which the Federal land is conveyed under paragraph (1). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(5) Hunting, fishing, recreation, and access.-- ``(A) In general.--Any land conveyed under paragraph (1)(A), including access to the land through roadways, trails, and forest roads, shall remain open and available to subsistence uses, noncommercial recreational hunting and fishing, and other noncommercial recreational uses by the public under applicable law-- ``(i) without liability on the part of the Urban Corporation, except for willful acts of the Urban Corporation, to any user as a result of the use; and ``(ii) subject to-- ``(I) any reasonable restrictions that may be imposed by the Urban Corporation on the public use-- ``(aa) to ensure public safety; ``(bb) to minimize conflicts between recreational and commercial uses; ``(cc) to protect cultural resources; ``(dd) to conduct scientific research; or ``(ee) to provide environmental protection; and ``(II) the condition that the Urban Corporation post on any applicable property, in accordance with State law, notices of the restrictions on use. ``(iii) Negotiation of new terms.--Nothing in this paragraph precludes the Urban Corporation and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. ``(B) Roads and facilities.-- ``(i) In general.--The Secretary of Agriculture shall negotiate in good faith with the Urban Corporation to develop a binding agreement for-- ``(I) the use of National Forest System roads and related transportation facilities by the Urban Corporation; and ``(II) the use of the roads and related transportation facilities of the Urban Corporation by the Forest Service and designees of the Forest Service. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(ii) Statehood entitlement.-- ``(I) In general.--Statehood selections under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 1611 note; Public Law 108-452). ``(iv) Fish and wildlife.--Nothing in this section enlarges or diminishes the responsibility and authority of the State with respect to the management of fish and wildlife on public land in the State. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) thereafter to the support of all other enrollees. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development.''.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j).''. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(C) Congressional intent.--It is the intent of Congress that the Secretary convey the surface estates described in subparagraph (A) not later than the date that is 2 years after the applicable date of incorporation under section 16(e)(1) of an Urban Corporation. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(B) Effect.--Access provided to any individual or entity under subparagraph (A) shall not-- ``(i) create an interest in any third party in the land conveyed under paragraph (1)(A); or ``(ii) provide standing to any third party in any review of, or challenge to, any determination by the Urban Corporation with respect to the management or development of the land conveyed under paragraph (1)(A), except as against the Urban Corporation for the management of public access under subparagraph (A). ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(iii) Negotiation of new terms.--Nothing in this paragraph precludes the Urban Corporation and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(B) Roads and facilities.-- ``(i) In general.--The Secretary of Agriculture shall negotiate in good faith with the Urban Corporation to develop a binding agreement for-- ``(I) the use of National Forest System roads and related transportation facilities by the Urban Corporation; and ``(II) the use of the roads and related transportation facilities of the Urban Corporation by the Forest Service and designees of the Forest Service. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(iv) Continued access.--Beginning on the date on which the land is conveyed to the Urban Corporation under paragraph (1)(A) and ending on the effective date of a binding agreement entered into under clause (i), the Urban Corporation shall provide and allow administrative access to roads and related transportation facilities on the land under substantially similar terms as are provided by the Forest Service as of the date of enactment of this section. ``(C) Effect on other laws.-- ``(i) In general.--Nothing in this section delays the duty of the Secretary to convey land to-- ``(I) the State under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. ``(iii) Conveyances.--The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with-- ``(I) this Act; and ``(II) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452). ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(2) Conditions.--The conveyance under paragraph (1) shall be subject to-- ``(A) section 14(g); and ``(B) all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under paragraph (1). ``(3) Continuation of agreements.-- ``(A) In general.--On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights- of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) thereafter to the support of all other enrollees. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development.''.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. by authorizing the Alaska Natives enrolled in the communities-- (1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq. ); and (2) to receive certain settlement land pursuant to that Act. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholder of the Regional Corporation for Southeast Alaska shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. ''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j).''. ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(B) Effect.--Access provided to any individual or entity under subparagraph (A) shall not-- ``(i) create an interest in any third party in the land conveyed under paragraph (1)(A); or ``(ii) provide standing to any third party in any review of, or challenge to, any determination by the Urban Corporation with respect to the management or development of the land conveyed under paragraph (1)(A), except as against the Urban Corporation for the management of public access under subparagraph (A). ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(C) Effect on other laws.-- ``(i) In general.--Nothing in this section delays the duty of the Secretary to convey land to-- ``(I) the State under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. ``(ii) Statehood entitlement.-- ``(I) In general.--Statehood selections under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(3) Continuation of agreements.-- ``(A) In general.--On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights- of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section. ``(d) Settlement Trust.-- ``(1) In general.--Each Urban Corporation may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the community of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, as applicable.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. by authorizing the Alaska Natives enrolled in the communities-- (1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq. ); and (2) to receive certain settlement land pursuant to that Act. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholder of the Regional Corporation for Southeast Alaska shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. ''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j).''. ``(a) Definition of Urban Corporation.--In this section, the term `Urban Corporation' means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(B) Effect.--Access provided to any individual or entity under subparagraph (A) shall not-- ``(i) create an interest in any third party in the land conveyed under paragraph (1)(A); or ``(ii) provide standing to any third party in any review of, or challenge to, any determination by the Urban Corporation with respect to the management or development of the land conveyed under paragraph (1)(A), except as against the Urban Corporation for the management of public access under subparagraph (A). ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(C) Effect on other laws.-- ``(i) In general.--Nothing in this section delays the duty of the Secretary to convey land to-- ``(I) the State under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. ``(ii) Statehood entitlement.-- ``(I) In general.--Statehood selections under Public Law 85-508 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(3) Continuation of agreements.-- ``(A) In general.--On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights- of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section. ``(d) Settlement Trust.-- ``(1) In general.--Each Urban Corporation may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the community of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, as applicable.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j).''. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(iii) Conveyances.--The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with-- ``(I) this Act; and ``(II) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452). ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(2) Conditions.--The conveyance under paragraph (1) shall be subject to-- ``(A) section 14(g); and ``(B) all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under paragraph (1). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development. ''.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(3) Continuation of agreements.-- ``(A) In general.--On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights- of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j).''. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(iii) Conveyances.--The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with-- ``(I) this Act; and ``(II) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452). ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(2) Conditions.--The conveyance under paragraph (1) shall be subject to-- ``(A) section 14(g); and ``(B) all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under paragraph (1). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development. ''.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(3) Continuation of agreements.-- ``(A) In general.--On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights- of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(2) Conditions.--The conveyance under paragraph (1) shall be subject to-- ``(A) section 14(g); and ``(B) all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under paragraph (1). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development. ''.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(C) Reservation of easements.--In the conveyance and patents for the land under paragraph (1)(A), the Secretary shall reserve the right of the Secretary to amend the conveyance and patents to include reservations of public easements under section 17(b) until the completion of the easement reservation process. ``(ii) Notice of commercial activities.-- The Urban Corporation, and any holder of a guiding or outfitting authorization under this subparagraph, shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to the Urban Corporation under paragraph (1)(A). ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.-- ``(1) In general.--The Secretary, without consideration or compensation, shall convey to each Urban Corporation, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation under subsection (b)(1)(A). ``(3) Continuation of agreements.-- ``(A) In general.--On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A), the Secretary shall provide to the Urban Corporation notice of all reciprocal rights- of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section.

To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. ``(B) Conveyances to regional corporation for southeast alaska.--Subject to valid existing rights, on the applicable date on which the surface estate in land is conveyed to an Urban Corporation under subparagraph (A), the Secretary shall convey to the Regional Corporation for Southeast Alaska the subsurface estate for that land. ``(3) Treatment of land conveyed.--Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A) shall be-- ``(A) considered to be land conveyed by the Secretary under section 14(h)(3); and ``(B) subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). ``(iv) Liability.--Neither the Urban Corporation nor the United States shall bear any liability, except for willful acts of the Urban Corporation or the United States, regarding the use and occupancy of any land conveyed to the Urban Corporation under paragraph (1)(A), as provided in any outfitting or guiding authorization under this paragraph. ``(iii) Intent of congress.--It is the intent of Congress that the agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation. ``(2) Conditions.--The conveyance under paragraph (1) shall be subject to-- ``(A) section 14(g); and ``(B) all valid existing rights, including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under paragraph (1). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $12,500,000, to be used by the Secretary to provide 5 grants in the amount of $2,500,000 each, to be used only for activities that support the implementation of this section, including planning and development. ''.

This bill authorizes Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as urban corporations and receive certain settlement land.

This bill authorizes Alaska Native residents of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to form urban corporations and receive certain settlement land.

This bill authorizes the Department of Agriculture (USDA) to convey specified parcels of federal land in Alaska to the Alaska Native Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. The Alaska Native Claims Settlement Act (AKCSA) provides for compensation to Alaska Native tribes for the loss of their lands in Alaska. In addition, USDA must convey certain surface real estate in Alaska Native communities to the urban corporations.

This bill provides for the recognition of the Alaska Native communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell as urban corporations. The Department of the Interior shall convey specified surface estate in specified parcels of federal land to each of the urban corporations for recognition and compensation.

This bill provides for the recognition of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell as Alaska Native communities. The Alaska Native Claims Settlement Act (ANSSA) provides for recognition of Alaska Native claims to land in Alaska. The bill also provides for a share of the settlement common stock in each Alaska Native village or urban corporation. Native residents who received shares through inheritance shall receive the same number of shares as the number inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective village or corporation. The Department of Agriculture

This bill provides for the recognition of the Alaska Native communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell as Alaska Native territories. Specifically, the Department of Agriculture (USDA) must convey specified surface real estate in specified parcels of federal land to Alaska Native urban corporations. The land conveyed shall remain open and available to subsistence uses, noncommercial recreational hunting and fishing, and other recreational uses by the public without liability on the part of the urban corporation, except for willful acts of the corporation, to any user as a user of the use, subject to restrictions that may be imposed

This bill authorizes Alaska Natives to form urban corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell. The bill also establishes the Regional Corporation for Southeast Alaska.

This bill provides for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act. Specifically, the bill establishes the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell in Alaska. The bill also requires the Department of the Interior to enroll to each of the Native villages of Hainees,Ketchikan

To provide for the recognition of certain Alaska Native communities and                 the settlement of certain claims under the Alaska Native Claims �́́ ̀̀ ̂ ̄ ̅ ́ Act, and for other purposes.݁݁̀݁̄̄̀�

International Affairs

To require consultations on reuniting Korean Americans with family members in North Korea. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Korean War Divided Families Reunification Act''. SEC. 2. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN NORTH KOREA. (a) Findings.--Congress makes the following findings: (1) The division of the Korean Peninsula into South Korea and North Korea separated thousands of Koreans from family members. (2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. (3) North Korea and South Korea first agreed to reunions of divided families in 1985 and have since held 21 face-to-face reunions and multiple video link reunions. (4) Those reunions have subsequently given approximately 24,500 Koreans the opportunity to briefly reunite with loved ones. (5) The most recent family reunions between North Korea and South Korea took place in August 2018 and did not include any Korean Americans. (6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. (8) The number of first generation Korean and Korean American family members divided from family members in North Korea is rapidly diminishing given the advanced age of those family members. More than 3,000 elderly South Koreans die each year without having been reunited with their family members. (9) Many Korean Americans with family members in North Korea have not seen or communicated with those family members in more than 60 years. (10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407) required the President to submit to Congress a report on ``efforts, if any, of the United States Government to facilitate family reunions between United States citizens and their relatives in North Korea''. (12) The position of Special Envoy on North Korean Human Rights Issues has been vacant since January 2017, although the President is required to appoint a Senate-confirmed Special Envoy to fill this position in accordance with section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817). (13) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. (14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. (b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. (2) Consultations with korean americans.--The Special Envoy on North Korean Human Rights Issues of the Department of State should regularly consult with representatives of Korean Americans who have family members in North Korea with respect to efforts to reunite families divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. (c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d). <all>

This bill directs the Department of State to periodically report to Congress on its consultations with South Korea on potential opportunities to reunite Korean Americans with family in North Korea. The State Department's Special Envoy on North Korean Human Rights Issues shall periodically report to Congress on its consultations with representatives of Korean Americans with family in North Korea on reunification efforts.

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. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN NORTH KOREA. (a) Findings.--Congress makes the following findings: (1) The division of the Korean Peninsula into South Korea and North Korea separated thousands of Koreans from family members. (2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. (3) North Korea and South Korea first agreed to reunions of divided families in 1985 and have since held 21 face-to-face reunions and multiple video link reunions. (4) Those reunions have subsequently given approximately 24,500 Koreans the opportunity to briefly reunite with loved ones. (6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. More than 3,000 elderly South Koreans die each year without having been reunited with their family members. (9) Many Korean Americans with family members in North Korea have not seen or communicated with those family members in more than 60 years. (10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407) required the President to submit to Congress a report on ``efforts, if any, of the United States Government to facilitate family reunions between United States citizens and their relatives in North Korea''. 7817). (13) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. (c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

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. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN NORTH KOREA. (a) Findings.--Congress makes the following findings: (1) The division of the Korean Peninsula into South Korea and North Korea separated thousands of Koreans from family members. (2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. (3) North Korea and South Korea first agreed to reunions of divided families in 1985 and have since held 21 face-to-face reunions and multiple video link reunions. (4) Those reunions have subsequently given approximately 24,500 Koreans the opportunity to briefly reunite with loved ones. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. (10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 7817). (13) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. (c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Korean War Divided Families Reunification Act''. SEC. 2. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN NORTH KOREA. (a) Findings.--Congress makes the following findings: (1) The division of the Korean Peninsula into South Korea and North Korea separated thousands of Koreans from family members. (2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. (3) North Korea and South Korea first agreed to reunions of divided families in 1985 and have since held 21 face-to-face reunions and multiple video link reunions. (4) Those reunions have subsequently given approximately 24,500 Koreans the opportunity to briefly reunite with loved ones. (5) The most recent family reunions between North Korea and South Korea took place in August 2018 and did not include any Korean Americans. (6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. (8) The number of first generation Korean and Korean American family members divided from family members in North Korea is rapidly diminishing given the advanced age of those family members. More than 3,000 elderly South Koreans die each year without having been reunited with their family members. (9) Many Korean Americans with family members in North Korea have not seen or communicated with those family members in more than 60 years. (10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407) required the President to submit to Congress a report on ``efforts, if any, of the United States Government to facilitate family reunions between United States citizens and their relatives in North Korea''. (12) The position of Special Envoy on North Korean Human Rights Issues has been vacant since January 2017, although the President is required to appoint a Senate-confirmed Special Envoy to fill this position in accordance with section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817). (13) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. (14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. (b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. (c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Korean War Divided Families Reunification Act''. SEC. 2. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN NORTH KOREA. (a) Findings.--Congress makes the following findings: (1) The division of the Korean Peninsula into South Korea and North Korea separated thousands of Koreans from family members. (2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. (3) North Korea and South Korea first agreed to reunions of divided families in 1985 and have since held 21 face-to-face reunions and multiple video link reunions. (4) Those reunions have subsequently given approximately 24,500 Koreans the opportunity to briefly reunite with loved ones. (5) The most recent family reunions between North Korea and South Korea took place in August 2018 and did not include any Korean Americans. (6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. (8) The number of first generation Korean and Korean American family members divided from family members in North Korea is rapidly diminishing given the advanced age of those family members. More than 3,000 elderly South Koreans die each year without having been reunited with their family members. (9) Many Korean Americans with family members in North Korea have not seen or communicated with those family members in more than 60 years. (10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 407) required the President to submit to Congress a report on ``efforts, if any, of the United States Government to facilitate family reunions between United States citizens and their relatives in North Korea''. (12) The position of Special Envoy on North Korean Human Rights Issues has been vacant since January 2017, although the President is required to appoint a Senate-confirmed Special Envoy to fill this position in accordance with section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817). (13) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. (14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. (b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. (2) Consultations with korean americans.--The Special Envoy on North Korean Human Rights Issues of the Department of State should regularly consult with representatives of Korean Americans who have family members in North Korea with respect to efforts to reunite families divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. (c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d). <all>

To require consultations on reuniting Korean Americans with family members in North Korea. 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. ( 10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. ( 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. ( b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. ( 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. ( (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. ( 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. ( (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. ( 10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. ( 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. ( b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. ( 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. ( (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. ( 10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. ( 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. ( b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. ( 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. ( (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. ( 10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. ( 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. ( b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the ``Korean War Armistice Agreement''), there has been little to no contact between Korean Americans and family members who remain in North Korea. ( 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. ( (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116-444), the Committee urged ``the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions''. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

To require consultations on reuniting Korean Americans with family members in North Korea. 6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. ( 10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. ( 3081, 111th Congress (House Report 111-187), the Committee urged ``the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families''. ( b) Consultations.-- (1) Consultations with south korea.--The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. ( (3) No additional authorization of appropriations.--No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. ( c) Additional Matter in Report.--The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d).

This bill requires the Department of State to consult with the Office of the Assistant Secretary of State for Korean American Affairs and the U.S. Agency for International Development (USAID) on the issue of reuniting Korean Americans with family members who remain in North Korea.

This bill requires the Department of State to consult with the U.S. Special Envoy to North Korea on reuniting Korean Americans with family members in North Korea.

This bill requires the Department of State to consult with the Special Envoy on North Korea Human Rights Issues on reuniting Korean American families with family members who remain in North Korea.

This bill requires the President to consult with the Special Representative on North Korea Policy to facilitate family reunions between U.S. citizens and their relatives in North Korea.

This bill requires the Department of State to consult with South Korea on potential opportunities to reunite Korean American families with family members in North Korea from which such families were divided after the signing of the Korean War Armistice Agreement.

This bill requires the Department of State to consult with South Korea on potential opportunities to reunite Korean American families with family members in North Korea from which such families were divided after the signing of the Korean War Armistice Agreement.

This bill requires the Department of State to consult with the Office of North Korean Human Rights to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions.

This bill requires the Department of State to consult with officials of South Korea on potential opportunities to reunite Korean American families with family members in North Korea from which such families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members.

To require consultations on reuniting Korean Americans with family =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- =-=-=-=-=-=-=-=-=-=- The United States of America in Congress assembled, to require the United States Government of North Korea to submit the ``Korean War Divided Families Reunification Act'' to the President of North Korea for the consideration of their relatives (정전에서선 현자 화임 희입 후사 히 휄상

Foreign Trade and International Finance

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China Trade Cheating Restitution Act of 2021''. SEC. 2. MODIFICATION OF DESCRIPTION OF INTEREST FOR PURPOSES OF CERTAIN DISTRIBUTIONS OF ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''. <all>

This bill requires the Department of Homeland Security to deposit into special accounts certain interest earned on antidumping and countervailing duties collected by U.S. Customs and Border Protection on or after October 1, 2000. Currently, the applicable date is October 1, 2014. Amounts in special accounts are distributed to affected domestic producers.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China Trade Cheating Restitution Act of 2021''. SEC. 2. MODIFICATION OF DESCRIPTION OF INTEREST FOR PURPOSES OF CERTAIN DISTRIBUTIONS OF ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''. <all>

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China Trade Cheating Restitution Act of 2021''. SEC. 2. MODIFICATION OF DESCRIPTION OF INTEREST FOR PURPOSES OF CERTAIN DISTRIBUTIONS OF ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''. <all>

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China Trade Cheating Restitution Act of 2021''. SEC. 2. MODIFICATION OF DESCRIPTION OF INTEREST FOR PURPOSES OF CERTAIN DISTRIBUTIONS OF ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''. <all>

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China Trade Cheating Restitution Act of 2021''. SEC. 2. MODIFICATION OF DESCRIPTION OF INTEREST FOR PURPOSES OF CERTAIN DISTRIBUTIONS OF ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''. <all>

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties. Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by striking ``October 1, 2014'' and inserting ``October 1, 2000''.

This bill modifies the description of interest for purposes of certain antidumping duties and countervailing duties. Specifically, the bill requires the Department of Commerce to include the date of China's entry into the World Trade Organization (WTO) on the list of countries that are subject to antidumping and counter-dumping duties.

This bill modifies the description of interest for the Department of Commerce in determining whether to distribute antidumping and countervailing duties to China.

This bill modifies the description of interest for antidumping duties and countervailing duties to apply to goods imported from China beginning on October 1, 2000.

This bill modifies the description of interest for antidumping duties and countervailing duties to include the date of enactment of the Trade Facilitation and Trade Enforcement Act of 2015.

This bill modifies the description of interest for antidumping duties and countervailing duties. Specifically, the bill requires the Department of Commerce to report to Congress a determination of whether China has engaged in a pattern of unfair trade practices.

This bill modifies the description of interest for antidumping duties and countervailing duties. Currently, the Department of Commerce must report to Congress a determination of the amount of interest that China's government has in the distribution of such duties. Commerce must also report a determination as to the extent to which China has engaged in unfair trade practices.

This bill modifies the description of interest for purposes of antidumping and countervailing duties. Specifically, the bill requires the Department of Commerce to consider the interests of the United States in determining whether a product is subject to an antidumping or counter-vailing duty.

This bill modifies the description of interest for purposes of determining the distribution of antidumping duties and countervailing duties. Specifically, the bill requires the Department of Commerce to consider the interests of a manufacturer, importer, or importer of a product or service in determining whether a product is subject to antidumping or counter-dumping duties.

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to                 be amended by striking ``October 1, 2014'' and inserting ``September 1, 2000'' and to 󾌾 ��������󾒒󾓒��������󾽁ｂｑｆｗ｀ｐ�

Taxation

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Harassing Owners of Rifles Today Act'' or as the ``SHORT Act''. SEC. 2. DEFINITION OF FIREARM. (a) In General.--Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Firearm.-- ``(1) In general.--The term `firearm' means-- ``(A) a machinegun, ``(B) any silencer (as defined in section 921 of title 18, United States Code), and ``(C) a destructive device. ``(2) Exception.--The term `firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.''. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning after the 90-day period that starts on the date of the enactment of this Act. SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Requirements for Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons Determined by Reference.--In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon.''. SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles or Short-Barreled Shotguns.-- Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle or short-barreled shotgun in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle or shotgun, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (b) Applicable Weapon.--For purposes of this section, the term ``applicable weapon'' means-- (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun-- (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code. <all>

This bill removes certain short-barreled rifles, short-barreled shotguns, and other weapons from the definition of a firearm for purposes of regulation under the National Firearms Act (NFA). The bill also eliminates certain restrictions that apply to the sale or transportation of such rifles and shotguns in interstate commerce. If a state or local registration or licensing requirement is determined by reference to the NFA, the bill treats persons who acquire or possess a short-barreled rifle, short-barreled shotgun, or other weapon in accordance with the Gun Control Act of 1968 as meeting the registration and licensing requirements. The bill preempts certain state or local laws that tax or regulate these rifles and shotguns. The Bureau of Alcohol, Tobacco, Firearms and Explosives must destroy records relating to the registration, transfer, or manufacture of applicable weapons described by this bill within one year after the enactment of this bill.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Harassing Owners of Rifles Today Act'' or as the ``SHORT Act''. 2. DEFINITION OF FIREARM. (a) In General.--Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Firearm.-- ``(1) In general.--The term `firearm' means-- ``(A) a machinegun, ``(B) any silencer (as defined in section 921 of title 18, United States Code), and ``(C) a destructive device. ``(2) Exception.--The term `firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.''. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning after the 90-day period that starts on the date of the enactment of this Act. 3. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles or Short-Barreled Shotguns.-- Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle or short-barreled shotgun in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle or shotgun, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

SHORT TITLE. 2. DEFINITION OF FIREARM. (a) In General.--Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Firearm.-- ``(1) In general.--The term `firearm' means-- ``(A) a machinegun, ``(B) any silencer (as defined in section 921 of title 18, United States Code), and ``(C) a destructive device. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning after the 90-day period that starts on the date of the enactment of this Act. 3. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. 5. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles or Short-Barreled Shotguns.-- Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle or short-barreled shotgun in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle or shotgun, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

Be it enacted by the Senate 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 Harassing Owners of Rifles Today Act'' or as the ``SHORT Act''. 2. DEFINITION OF FIREARM. (a) In General.--Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Firearm.-- ``(1) In general.--The term `firearm' means-- ``(A) a machinegun, ``(B) any silencer (as defined in section 921 of title 18, United States Code), and ``(C) a destructive device. ``(2) Exception.--The term `firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.''. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning after the 90-day period that starts on the date of the enactment of this Act. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Requirements for Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons Determined by Reference.--In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon.''. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles or Short-Barreled Shotguns.-- Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle or short-barreled shotgun in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle or shotgun, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Harassing Owners of Rifles Today Act'' or as the ``SHORT Act''. SEC. 2. DEFINITION OF FIREARM. (a) In General.--Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Firearm.-- ``(1) In general.--The term `firearm' means-- ``(A) a machinegun, ``(B) any silencer (as defined in section 921 of title 18, United States Code), and ``(C) a destructive device. ``(2) Exception.--The term `firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.''. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. (d) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning after the 90-day period that starts on the date of the enactment of this Act. SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Requirements for Short-Barreled Rifles, Short-Barreled Shotguns, and Other Weapons Determined by Reference.--In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon.''. SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. Section 927 of title 18, United States Code, is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--No provision''; and (2) by adding at the end the following: ``(b) Taxes on Short-Barreled Rifles or Short-Barreled Shotguns.-- Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle or short-barreled shotgun in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle or shotgun, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (b) Applicable Weapon.--For purposes of this section, the term ``applicable weapon'' means-- (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun-- (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code. <all>

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. DESTRUCTION OF RECORDS. ( a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. DESTRUCTION OF RECORDS. ( a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. DESTRUCTION OF RECORDS. ( a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. DESTRUCTION OF RECORDS. ( a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. TREATMENT OF SHORT-BARRELED RIFLES, SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes. b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Conforming Amendments.--Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking ``, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred''. ( Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''; and (2) in subsection (b)(4)-- (A) by striking ``, machinegun'' and inserting ``or machinegun''; and (B) by striking ``short-barreled shotgun, or short- barreled rifle,''. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES AND SHORT-BARRELED SHOTGUNS. DESTRUCTION OF RECORDS. ( a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy-- (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon.

This bill removes short-barreled rifles, shotguns, silencers, and certain other weapons from the definition of firearms for purposes of the National Firearms Act (NFAA). The bill also excludes an antique firearm or any device (other than a machinegun or destructive device) that is primarily a collector's item and is not likely to be used as a weapon.

This bill removes short-barreled rifles, shotguns, silencers, and certain other weapons from the definition of firearms for purposes of the National Firearms Act.

This bill modifies the definition of firearm to include short-barreled rifles, shotguns, silencers, and other weapons determined by reference to the National Firearms Act of 1934. The bill also prohibits a state or a political subdivision of a state that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a rifle or shotgun in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle and shotgun, shall have no force or effect.

This bill modifies the tax treatment of short-barreled rifles, shotguns, silencers, and other firearms that are determined by the National Firearms Act. Specifically, the bill requires the Department of the Treasury to treat such firearms as a machinegun, silencer, or destructive device. The bill also prohibits a state or a political subdivision of a state that imposes a tax on short-barreled rifles or shotguns.

This bill modifies the tax treatment of short-barreled rifles, shotguns, and other weapons that are determined by reference to the National Firearms Act (NFAA). Specifically, the bill

This bill removes short-barreled rifles and shotguns from the definition of firearms for purposes of the National Firearms Act. The bill also eliminates the tax deduction for discharges of firearms used for lawful purposes.

This bill removes short-barreled rifles, shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act (NFAA). The bill also requires the Department of Justice (DOJ) to destroy any registration of an applicable weapon maintained in the NFA's National Firearms Registration and Transfer Record and any applications to transfer such a weapon.

This bill removes short-barreled rifles, shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act. The bill also requires the Department of Justice (DOJ) to destroy any registration of an applicable weapon and any application to transfer that identifies the transferee of such a weapon.

To amend the Internal Revenue Code of 1986 to remove short-barreled                 rifles, short-barreled shotguns, and certain other weapons from the                 definition of firearms for purposes of the National Firearms Act, and                 to amend the United States Code for the purpose of providing for the transfer tax on firearms classified as a machinegun, and to provide for the tax treatment of shotguns, rifles, machineguns, silencers, and other weapons not designated as a destructive device under section 5845(e) of the Federal Tax Code, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

Crime and Law Enforcement

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. SEC. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (b) Eligibility.--A State shall be eligible if-- (1) the State has in effect a covered expungement law; (2) the law of the State provides that expungement or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine; and (3) the State submits an application to the Attorney General, containing such information as the Attorney General may require, including, at a minimum-- (A) information identifying whether there is a system that, as of the date of the application, exists for record expungement or record sealing in the State; (B) a description of how infrastructure created through grant funding will facilitate automatic expungement or record sealing funding for individuals eligible for record sealing or expungement; and (C) an identification of the anticipated number of individuals that would benefit from the implementation of automated expungement or record sealing infrastructure. SEC. 3. USE OF GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. SEC. 4. REPORTING REQUIREMENTS. (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. (2) The number of individuals whose records have been expunged or sealed annually since the enactment of such law, disaggregated by race, ethnicity, and gender. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. SEC. 5. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. <all>

This bill authorizes the Department of Justice to award grants for states to implement automatic expungement laws (i.e., laws that provide for the automatic expungement or sealing of an individual's criminal records).

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. 4. REPORTING REQUIREMENTS. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act.

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. 4. REPORTING REQUIREMENTS. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act.

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. SEC. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (b) Eligibility.--A State shall be eligible if-- (1) the State has in effect a covered expungement law; (2) the law of the State provides that expungement or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine; and (3) the State submits an application to the Attorney General, containing such information as the Attorney General may require, including, at a minimum-- (A) information identifying whether there is a system that, as of the date of the application, exists for record expungement or record sealing in the State; (B) a description of how infrastructure created through grant funding will facilitate automatic expungement or record sealing funding for individuals eligible for record sealing or expungement; and (C) an identification of the anticipated number of individuals that would benefit from the implementation of automated expungement or record sealing infrastructure. SEC. 3. USE OF GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. SEC. 4. REPORTING REQUIREMENTS. (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. (2) The number of individuals whose records have been expunged or sealed annually since the enactment of such law, disaggregated by race, ethnicity, and gender. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. SEC. 5. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. <all>

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. SEC. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (b) Eligibility.--A State shall be eligible if-- (1) the State has in effect a covered expungement law; (2) the law of the State provides that expungement or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine; and (3) the State submits an application to the Attorney General, containing such information as the Attorney General may require, including, at a minimum-- (A) information identifying whether there is a system that, as of the date of the application, exists for record expungement or record sealing in the State; (B) a description of how infrastructure created through grant funding will facilitate automatic expungement or record sealing funding for individuals eligible for record sealing or expungement; and (C) an identification of the anticipated number of individuals that would benefit from the implementation of automated expungement or record sealing infrastructure. SEC. 3. USE OF GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. SEC. 4. REPORTING REQUIREMENTS. (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. (2) The number of individuals whose records have been expunged or sealed annually since the enactment of such law, disaggregated by race, ethnicity, and gender. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. SEC. 5. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. <all>

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Each such grant shall be in an amount of not more than $5,000,000. ( USE OF GRANT AMOUNTS. a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Each such grant shall be in an amount of not more than $5,000,000. ( USE OF GRANT AMOUNTS. a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Each such grant shall be in an amount of not more than $5,000,000. ( USE OF GRANT AMOUNTS. a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Each such grant shall be in an amount of not more than $5,000,000. ( USE OF GRANT AMOUNTS. a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. ( (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement, and for other purposes. Each such grant shall be in an amount of not more than $5,000,000. ( USE OF GRANT AMOUNTS. a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. ( (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under paragraph (1) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is one year after the first year of the grant being awarded. ( 2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (

This bill directs the Department of Justice (DOJ) to establish a grant program for states to modernize criminal justice data infrastructure to facilitate automated record sealing and expungement. Eligible states are those that (1) have in effect a law that provides that expungements or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine, and (2) submit an application to DOJ containing information identifying whether there is a system that, as of the date of the application, exists for record expungEMENT or record sealing in the state. DOJ may make up to one grant per

This bill directs the Department of Justice (DOJ) to award grants to states for improving criminal justice data infrastructure to facilitate automatic expungement or sealing of criminal records.

This bill directs the Department of Justice (DOJ) to establish a grant program for states to modernize criminal justice data infrastructure to facilitate automated record sealing and expungement. Specifically, the bill authorizes DOJ to award grants to states to (1) implement a law of a state that provides for the automatic exungement or sealing, subject to such requirements as the state may impose, of a criminal record of an individual; and (2) develop and report a comprehensive plan to obtain as much of the unavailable data as possible.

This bill authorizes the Department of Justice to award grants to states for modernizing criminal justice data infrastructure to facilitate automated record sealing and expungement.

This bill directs the Department of Justice (DOJ) to award grants to states to implement automatic expungement or sealing laws. Specifically, DOJ may award up to one grant to each eligible state if (1) the state has in effect such a law, (2) the law of the state provides that expungements or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine, and (3) the grant recipient submits an application containing such information as DOJ may require, including information identifying whether there is a system that, as of the date of the application, exists

This bill authorizes the Department of Justice to award grants to states for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic.

This bill directs the Department of Justice to award grants to states for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic.

This bill establishes a grant program for states to modernize criminal justice data infrastructure to facilitate automatic record sealing and expungement.

To establish a grant program for States for purposes of modernizing                 the criminal justice data infrastructure to facilitate automated expungement or record sealing of criminal records, and for other purposes.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-==-=-=-=--=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=--=================================================================================================================================================================================================================================================================================

Water Resources Development

To provide drought relief in the State of California, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Necessary to Ensure Expeditious Delivery of Water Act'' or the ``NEED Water Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY Sec. 101. Definitions. Sec. 102. Emergency projects. Sec. 103. Progress report. Sec. 104. Status of surface storage studies. TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS Sec. 201. Offset for State Water Project. Sec. 202. Area of origin protections. Sec. 203. No redirected adverse impacts. TITLE III--RENEW WIIN ACT Sec. 301. Short title. Sec. 302. Extension of authority. TITLE IV--MISCELLANEOUS PROVISIONS Sec. 401. Effect on existing obligations. Sec. 402. Termination of authorities. TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY SEC. 101. DEFINITIONS. In this Act: (1) Central valley project.--The term ``Central Valley Project'' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707). (2) Delta.--The term ``Delta'' means the Sacramento-San Joaquin Delta and the Suisun Marsh, as defined in sections 12220 and 29101 of the California Public Resources Code. (3) Negative impact on the long-term survival.--The term ``negative impact on the long-term survival'' means to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. (4) Salmonid biological opinion.--The term ``salmonid biological opinion'' means the biological opinion issued by the National Marine Fisheries Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. (5) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Commerce; and (B) the Secretary of the Interior. (6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. (7) State.--The term ``State'' means the State of California. (8) State water project.--The term ``State Water Project'' means the water project described by California Water Code section 11550 et seq. and operated by the California Department of Water Resources. SEC. 102. EMERGENCY PROJECTS. (a) In General.--Subject to the priority of individuals or entities, including those with Sacramento River Settlement Contracts, that have priority to the diversion and use of water over water rights held by the United States for operations of the Central Valley Project and over rights held by the State for operations of the State Water Project and the United States obligation to make a substitute supply of water available to the San Joaquin River Exchange Contractors, the Secretaries shall direct the operations of the Central Valley Project and allow operations of the State Water Project to provide the maximum quantity of water supplies possible to Central Valley Project agricultural, municipal and industrial, and refuge service and repayment contractors, and State Water Project contractors, by approving, consistent with applicable laws (including regulations)-- (1) any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. (b) Mandate.--In carrying out subsection (a), the applicable Secretary shall-- (1) operate the Central Valley Project to meet the United States contractual obligations under Sacramento River Settlement Contracts and to make a substitute supply of water available to the San Joaquin River Exchange Contractors; (2) except as provided by this subsection, operate the Central Valley Project in a manner consistent with the salmonid biological opinion and the smelt biological opinion; (3) authorize and implement actions to ensure that the Delta Cross Channel Gates remain open to the maximum extent practicable; (4)(A) operate the Central Valley Project and allow operations of the State Water Project within the ranges provided for in the smelt biological opinion and the salmonid biological opinion to minimize water supply reductions for the Central Valley Project and the State Water Project, manage reverse flow in Old and Middle Rivers at -5000 cubic feet per second (cfs) unless current scientific data indicate a less negative Old and Middle River flow is necessary to avoid a significant negative impact on the long-term survival of a listed species; and (B) show in writing that any determination to manage OMR reverse flow at rates less negative than -5000 cubic feet per second is necessary to avoid a significant negative impact on the long-term survival of the Delta smelt, including an explanation of the data examined and the connection between those data and the choice made prior to reducing pumping to a rate less negative than -5000 cfs; (5) adopt a 1:1 inflow to export ratio for the increment of increased flow of the San Joaquin River, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, resulting from voluntary sale, transfers, or exchanges of water from agencies with rights to divert water from the San Joaquin River or its tributaries consistent with the Central Valley Project's and the State Water Project's permitted water rights; (6) issue all necessary permit decisions under the authority of the Secretaries within 30 days of receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for Central Valley Project and State Water Project contractors and other water users, which barriers or gates should provide benefits for species protection and in- Delta water user water quality and shall be designed such that formal consultations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary to make final permit decisions on water transfer requests associated with voluntarily fallowing nonpermanent crops in the State, within 30 days of receiving such a request; and (B) allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses as long as the fallowing and associated water transfer are in compliance with applicable Federal laws (including regulations); (8) allow any North of Delta agricultural water service or repayment contractor with unused Central Valley Project water to take delivery of such unused water through April 15 of the contract year immediately following the contract year in which such water was allocated, if-- (A) the contractor requests the extension; and (B) the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet requests for water deliveries within the contractor's service area; (9) to the maximum extent possible based on the availability and quality of groundwater and without causing land subsidence-- (A) meet the Level 2 and Level 4 water supply needs of units of the National Wildlife Refuge System in the Central Valley of California, the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota State wildlife management areas, and the Grasslands Resources Conservation District in the Central Valley of California through the improvement or installation of wells to use groundwater resources and the purchase of water from willing sellers; and (B) make a quantity of Central Valley Project water obtained from the measures implemented under subparagraph (A) available to Central Valley Project water service or repayment contractors; and (10) implement instream and offsite projects in the Delta and upstream in the Sacramento River and San Joaquin basins, in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to actions taken under this Act. (c) Other Agencies.--To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. (d) Accelerated Project Decision and Elevation.-- (1) In general.--Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections (a) and (b). (2) Request for resolution.-- (A) In general.--Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. (B) Meeting.--The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after receiving the meeting request. (3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision.--Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. (5) Meeting convened by secretary.--The Secretary of the Interior may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). SEC. 103. PROGRESS REPORT. Ninety days after the date of the enactment of this Act and every 90 days thereafter, the Secretaries shall provide a progress report describing the implementation of sections 101 and 102 to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. SEC. 104. STATUS OF SURFACE STORAGE STUDIES. One year after the date of the enactment of this Act, the Secretary of the Interior shall provide a progress report on the status of feasibility studies undertaken pursuant to section 102(d)(1) to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision. TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS SEC. 201. OFFSET FOR STATE WATER PROJECT. (a) Implementation Impacts.--In the event operations of the State Water Project are restricted under an incidental take permit issued by the California Department of Fish and Wildlife for operations of the State Water Project beyond restrictions imposed by the salmonid biological opinion or smelt biological opinion, the Secretary of the Interior shall operate the Central Valley Project, to the extent excess capacity in Central Valley Project facilities exists, to divert water that otherwise would have been diverted by the State Water Project. Additional water diverted by the Central Valley Project pursuant to this subsection shall be made available to the State Water Project for delivery to State Water Project contractors to offset losses resulting from the restrictions imposed by the incidental take permit. (b) Notification Related to Water Availability.--The Secretary of the Interior shall immediately notify the Director of the California Department of Water Resources in writing if the Secretary of the Interior determines that additional water will be made available to the Stater Water Project as a result of the implementation of subsection (a). SEC. 202. AREA OF ORIGIN PROTECTIONS. (a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). (b) Diversions.--Any action undertaken by the Secretaries pursuant to both this Act and section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that requires that diversions from the Sacramento River or the San Joaquin River watersheds upstream of the Delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by California law. (c) Endangered Species Act.--Nothing in this title alters the existing authorities provided to and obligations placed upon the Federal Government under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Contracts.--With respect to individuals and entities with water rights on the Sacramento River, the mandates of this section may be met, in whole or in part, through a contract with the Secretary executed pursuant to section 14 of Public Law 76-260; 53 Stat. 1187 (43 U.S.C. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. SEC. 203. NO REDIRECTED ADVERSE IMPACTS. (a) In General.--The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and other applicable Federal and State laws, shall not directly or indirectly-- (1) result in the involuntary reduction of water supply or fiscal impacts to individuals or districts who receive water from either the State Water Project or the United States under water rights settlement contracts, exchange contracts, water service contracts, repayment contracts, or water supply contracts; or (2) cause redirected adverse water supply or fiscal impacts to those within the Sacramento River watershed, the San Joaquin River watershed or the State Water Project service area. (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. (c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. TITLE III--RENEW WIIN ACT SEC. 301. SHORT TITLE. This title may be cited as the ``Responsible, No-Cost Extension of Western Water Infrastructure Improvements Act'' or the ``RENEW WIIN Act''. SEC. 302. EXTENSION OF AUTHORITY. Subtitle J of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322) is amended-- (1) in section 4007 (43 U.S.C. 390(b) note), in subsection (i), by striking ``January 1, 2021'' and inserting ``January 1, 2031''; and (2) in section 4013 (43 U.S.C. 390(b) note)-- (A) in the first sentence, by striking ``the date that is 5 years after the date of its enactment'' and inserting ``December 31, 2031''; and (B) in paragraph (1), by striking ``10 years after the date of its enactment'' and inserting ``on December 31, 2036''. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. EFFECT ON EXISTING OBLIGATIONS. Nothing in this Act modifies any existing obligation of the United States under Federal reclamation law to operate the Central Valley Project in conformity with State law relating to the control, appropriation, use, or distribution of water, including established water rights priorities. SEC. 402. TERMINATION OF AUTHORITIES. Title I and title II of this Act shall expire on September 30, 2023, or the date on which the Governor of the State suspends the state of drought emergency declaration, whichever is later. <all>

This bill addresses drought in California. The bill requires the Department of Commerce and the Department of the Interior to direct the operations of the Central Valley Project and allow operations of the State Water Project ( both in California) to provide the maximum quantity of water supplies possible to (1) the Central Valley Project agricultural, municipal and industrial, and refuge service and repayment contractors; and (2) State Water Project contractors. The bill extends the authority for the funding of federally owned storage projects and state-led storage projects that Interior determines to be feasible before January 1, 2031. The bill extends various water projects in California until December 31, 2031. The bill extends federal agency cooperation with state and local agencies to resolve water resource issues concerning the conservation of endangered species in any consultation or reconsultation on the coordinated operation of the Central Valley Project and the State Valley Project until December 31, 2036.

To provide drought relief in the State of California, and for other purposes. TABLE OF CONTENTS. 1. 2. Definitions. Emergency projects. Progress report. Status of surface storage studies. Offset for State Water Project. Area of origin protections. No redirected adverse impacts. Extension of authority. Effect on existing obligations. 101. In this Act: (1) Central valley project.--The term ``Central Valley Project'' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. (5) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Commerce; and (B) the Secretary of the Interior. (6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. and operated by the California Department of Water Resources. 102. and the Endangered Species Act of 1973 (16 U.S.C. due to actions taken under this Act. (3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision.--Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. 103. 104. 201. 202. that requires that diversions from the Sacramento River or the San Joaquin River watersheds upstream of the Delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by California law. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. 203. 1531 et seq.) (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. 301. SHORT TITLE. 302. 401. SEC. 402.

To provide drought relief in the State of California, and for other purposes. TABLE OF CONTENTS. 1. 2. Definitions. Emergency projects. Progress report. Status of surface storage studies. Offset for State Water Project. Area of origin protections. No redirected adverse impacts. Extension of authority. Effect on existing obligations. 101. In this Act: (1) Central valley project.--The term ``Central Valley Project'' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. (5) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Commerce; and (B) the Secretary of the Interior. (6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. and operated by the California Department of Water Resources. 102. and the Endangered Species Act of 1973 (16 U.S.C. (3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision.--Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. 103. 104. 201. 202. that requires that diversions from the Sacramento River or the San Joaquin River watersheds upstream of the Delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by California law. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. 203. 1531 et seq.) (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. 301. SHORT TITLE. 302. 401. SEC. 402.

To provide drought relief in the State of California, and for other purposes. This Act may be cited as the ``Necessary to Ensure Expeditious Delivery of Water Act'' or the ``NEED Water Act''. TABLE OF CONTENTS. 1. 2. Definitions. Emergency projects. Progress report. Status of surface storage studies. Offset for State Water Project. Area of origin protections. No redirected adverse impacts. TITLE III--RENEW WIIN ACT Sec. Extension of authority. TITLE IV--MISCELLANEOUS PROVISIONS Sec. Effect on existing obligations. 101. In this Act: (1) Central valley project.--The term ``Central Valley Project'' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. (3) Negative impact on the long-term survival.--The term ``negative impact on the long-term survival'' means to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. (5) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Commerce; and (B) the Secretary of the Interior. (6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. and operated by the California Department of Water Resources. 102. (a) In General.--Subject to the priority of individuals or entities, including those with Sacramento River Settlement Contracts, that have priority to the diversion and use of water over water rights held by the United States for operations of the Central Valley Project and over rights held by the State for operations of the State Water Project and the United States obligation to make a substitute supply of water available to the San Joaquin River Exchange Contractors, the Secretaries shall direct the operations of the Central Valley Project and allow operations of the State Water Project to provide the maximum quantity of water supplies possible to Central Valley Project agricultural, municipal and industrial, and refuge service and repayment contractors, and State Water Project contractors, by approving, consistent with applicable laws (including regulations)-- (1) any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. and the Endangered Species Act of 1973 (16 U.S.C. due to actions taken under this Act. (3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision.--Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. 103. 104. 201. 202. that requires that diversions from the Sacramento River or the San Joaquin River watersheds upstream of the Delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by California law. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. 203. 1531 et seq.) (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. 301. SHORT TITLE. 302. 390(b) note)-- (A) in the first sentence, by striking ``the date that is 5 years after the date of its enactment'' and inserting ``December 31, 2031''; and (B) in paragraph (1), by striking ``10 years after the date of its enactment'' and inserting ``on December 31, 2036''. 401. SEC. 402.

To provide drought relief in the State of California, and for other purposes. This Act may be cited as the ``Necessary to Ensure Expeditious Delivery of Water Act'' or the ``NEED Water Act''. TABLE OF CONTENTS. 1. 2. Definitions. Emergency projects. Progress report. Status of surface storage studies. TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS Sec. Offset for State Water Project. Area of origin protections. No redirected adverse impacts. TITLE III--RENEW WIIN ACT Sec. Extension of authority. TITLE IV--MISCELLANEOUS PROVISIONS Sec. Effect on existing obligations. Termination of authorities. 101. In this Act: (1) Central valley project.--The term ``Central Valley Project'' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707). (3) Negative impact on the long-term survival.--The term ``negative impact on the long-term survival'' means to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. (5) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Commerce; and (B) the Secretary of the Interior. (6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. and operated by the California Department of Water Resources. 102. (a) In General.--Subject to the priority of individuals or entities, including those with Sacramento River Settlement Contracts, that have priority to the diversion and use of water over water rights held by the United States for operations of the Central Valley Project and over rights held by the State for operations of the State Water Project and the United States obligation to make a substitute supply of water available to the San Joaquin River Exchange Contractors, the Secretaries shall direct the operations of the Central Valley Project and allow operations of the State Water Project to provide the maximum quantity of water supplies possible to Central Valley Project agricultural, municipal and industrial, and refuge service and repayment contractors, and State Water Project contractors, by approving, consistent with applicable laws (including regulations)-- (1) any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. and the Endangered Species Act of 1973 (16 U.S.C. due to actions taken under this Act. (3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision.--Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. 103. Ninety days after the date of the enactment of this Act and every 90 days thereafter, the Secretaries shall provide a progress report describing the implementation of sections 101 and 102 to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. 104. 201. 202. that requires that diversions from the Sacramento River or the San Joaquin River watersheds upstream of the Delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by California law. 1187 (43 U.S.C. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. 203. 1531 et seq.) (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. 301. SHORT TITLE. 302. 390(b) note)-- (A) in the first sentence, by striking ``the date that is 5 years after the date of its enactment'' and inserting ``December 31, 2031''; and (B) in paragraph (1), by striking ``10 years after the date of its enactment'' and inserting ``on December 31, 2036''. 401. SEC. 402.

To provide drought relief in the State of California, and for other purposes. Effect on existing obligations. Termination of authorities. In this Act: (1) Central valley project.--The term ``Central Valley Project'' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. (3) Negative impact on the long-term survival.--The term ``negative impact on the long-term survival'' means to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. ( 4) Salmonid biological opinion.--The term ``salmonid biological opinion'' means the biological opinion issued by the National Marine Fisheries Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. ( 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to actions taken under this Act. ( 2) Request for resolution.-- (A) In general.--Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. ( (4) Decision.--Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. ( Ninety days after the date of the enactment of this Act and every 90 days thereafter, the Secretaries shall provide a progress report describing the implementation of sections 101 and 102 to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. (a) Implementation Impacts.--In the event operations of the State Water Project are restricted under an incidental take permit issued by the California Department of Fish and Wildlife for operations of the State Water Project beyond restrictions imposed by the salmonid biological opinion or smelt biological opinion, the Secretary of the Interior shall operate the Central Valley Project, to the extent excess capacity in Central Valley Project facilities exists, to divert water that otherwise would have been diverted by the State Water Project. b) Notification Related to Water Availability.--The Secretary of the Interior shall immediately notify the Director of the California Department of Water Resources in writing if the Secretary of the Interior determines that additional water will be made available to the Stater Water Project as a result of the implementation of subsection (a). (a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. b) Diversions.--Any action undertaken by the Secretaries pursuant to both this Act and section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (d) Contracts.--With respect to individuals and entities with water rights on the Sacramento River, the mandates of this section may be met, in whole or in part, through a contract with the Secretary executed pursuant to section 14 of Public Law 76-260; 53 Stat. 1187 (43 U.S.C. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. ( c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. 390(b) note)-- (A) in the first sentence, by striking ``the date that is 5 years after the date of its enactment'' and inserting ``December 31, 2031''; and (B) in paragraph (1), by striking ``10 years after the date of its enactment'' and inserting ``on December 31, 2036''. Nothing in this Act modifies any existing obligation of the United States under Federal reclamation law to operate the Central Valley Project in conformity with State law relating to the control, appropriation, use, or distribution of water, including established water rights priorities.

To provide drought relief in the State of California, and for other purposes. TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY Sec. Effect on existing obligations. Termination of authorities. 6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. (7) State.--The term ``State'' means the State of California. ( and operated by the California Department of Water Resources. 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (c) Other Agencies.--To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. ( 3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. ( One year after the date of the enactment of this Act, the Secretary of the Interior shall provide a progress report on the status of feasibility studies undertaken pursuant to section 102(d)(1) to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). ( a) In General.--The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. ( c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. EFFECT ON EXISTING OBLIGATIONS.

To provide drought relief in the State of California, and for other purposes. TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY Sec. Effect on existing obligations. Termination of authorities. 6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. (7) State.--The term ``State'' means the State of California. ( and operated by the California Department of Water Resources. 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (c) Other Agencies.--To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. ( 3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. ( One year after the date of the enactment of this Act, the Secretary of the Interior shall provide a progress report on the status of feasibility studies undertaken pursuant to section 102(d)(1) to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). ( a) In General.--The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. ( c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. EFFECT ON EXISTING OBLIGATIONS.

To provide drought relief in the State of California, and for other purposes. Effect on existing obligations. Termination of authorities. In this Act: (1) Central valley project.--The term ``Central Valley Project'' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. (3) Negative impact on the long-term survival.--The term ``negative impact on the long-term survival'' means to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. ( 4) Salmonid biological opinion.--The term ``salmonid biological opinion'' means the biological opinion issued by the National Marine Fisheries Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. ( 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to actions taken under this Act. ( 2) Request for resolution.-- (A) In general.--Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. ( (4) Decision.--Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. ( Ninety days after the date of the enactment of this Act and every 90 days thereafter, the Secretaries shall provide a progress report describing the implementation of sections 101 and 102 to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. (a) Implementation Impacts.--In the event operations of the State Water Project are restricted under an incidental take permit issued by the California Department of Fish and Wildlife for operations of the State Water Project beyond restrictions imposed by the salmonid biological opinion or smelt biological opinion, the Secretary of the Interior shall operate the Central Valley Project, to the extent excess capacity in Central Valley Project facilities exists, to divert water that otherwise would have been diverted by the State Water Project. b) Notification Related to Water Availability.--The Secretary of the Interior shall immediately notify the Director of the California Department of Water Resources in writing if the Secretary of the Interior determines that additional water will be made available to the Stater Water Project as a result of the implementation of subsection (a). (a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. b) Diversions.--Any action undertaken by the Secretaries pursuant to both this Act and section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (d) Contracts.--With respect to individuals and entities with water rights on the Sacramento River, the mandates of this section may be met, in whole or in part, through a contract with the Secretary executed pursuant to section 14 of Public Law 76-260; 53 Stat. 1187 (43 U.S.C. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. ( c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. 390(b) note)-- (A) in the first sentence, by striking ``the date that is 5 years after the date of its enactment'' and inserting ``December 31, 2031''; and (B) in paragraph (1), by striking ``10 years after the date of its enactment'' and inserting ``on December 31, 2036''. Nothing in this Act modifies any existing obligation of the United States under Federal reclamation law to operate the Central Valley Project in conformity with State law relating to the control, appropriation, use, or distribution of water, including established water rights priorities.

To provide drought relief in the State of California, and for other purposes. TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY Sec. Effect on existing obligations. Termination of authorities. 6) Smelt biological opinion.--The term ``smelt biological opinion'' means the biological opinion issued by the United States Fish and Wildlife Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. (7) State.--The term ``State'' means the State of California. ( and operated by the California Department of Water Resources. 1536) would not be necessary; (7)(A) complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (c) Other Agencies.--To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. ( 3) Notification.--Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. ( One year after the date of the enactment of this Act, the Secretary of the Interior shall provide a progress report on the status of feasibility studies undertaken pursuant to section 102(d)(1) to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). ( a) In General.--The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. ( c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. EFFECT ON EXISTING OBLIGATIONS.

To provide drought relief in the State of California, and for other purposes. 4) Salmonid biological opinion.--The term ``salmonid biological opinion'' means the biological opinion issued by the National Marine Fisheries Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. ( ( 2) Request for resolution.-- (A) In general.--Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. ( ( Ninety days after the date of the enactment of this Act and every 90 days thereafter, the Secretaries shall provide a progress report describing the implementation of sections 101 and 102 to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. ( b) Notification Related to Water Availability.--The Secretary of the Interior shall immediately notify the Director of the California Department of Water Resources in writing if the Secretary of the Interior determines that additional water will be made available to the Stater Water Project as a result of the implementation of subsection (a). ( 1187 (43 U.S.C. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. ( c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State.

To provide drought relief in the State of California, and for other purposes. Effect on existing obligations. a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). ( a) In General.--The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (

To provide drought relief in the State of California, and for other purposes. 4) Salmonid biological opinion.--The term ``salmonid biological opinion'' means the biological opinion issued by the National Marine Fisheries Service for long-term operations of the Central Valley Project and State Water Project on October 21, 2019. ( ( 2) Request for resolution.-- (A) In general.--Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. ( ( Ninety days after the date of the enactment of this Act and every 90 days thereafter, the Secretaries shall provide a progress report describing the implementation of sections 101 and 102 to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. ( b) Notification Related to Water Availability.--The Secretary of the Interior shall immediately notify the Director of the California Department of Water Resources in writing if the Secretary of the Interior determines that additional water will be made available to the Stater Water Project as a result of the implementation of subsection (a). ( 1187 (43 U.S.C. 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. (b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. ( c) Rights and Obligations Not Modified or Amended.--Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing-- (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State.

To provide drought relief in the State of California, and for other purposes. Effect on existing obligations. a) In General.--The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California's water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). ( a) In General.--The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (

To provide drought relief in the State of California, and for other purposes. 2) Request for resolution.-- (A) In general.--Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. ( ( 389) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. ( b) Costs.--To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. (

This bill addresses drought relief in California. Specifically, the bill extends through FY2026 the authority of the Department of the Interior to carry out the Central Valley Project, the State Water Project, and other emergency projects. The bill also provides funding for (1) surface storage studies, (2) water infrastructure projects, and (3) water storage projects.

This bill provides funding for the Central Valley Project, the State Water Project, and the Suisun Marsh Project in California. The bill terminates the authority of the California Department of Water Resources (CWR) and the Department of Commerce (DOE) to provide water to the state of California during the drought. It also extends through FY2026 the authority for the California Water Project and the California Fish and Wildlife Service (CWS) to carry out surface storage studies for the Sacramento-San Joaquin Delta and the San Joaquin River Delta. The Department of the Interior and the U.S. Fish and

This bill authorizes the Department of Commerce to provide drought relief in California through the Central Valley Project and the State Water Project. Specifically, the bill provides funding for emergency projects to address drought in California. The bill also extends through FY2026 the authority of the California Department of Water Resources (CWR) to carry out the projects and provides for the offset of costs incurred by the state of California for such emergency projects. The Department of the Interior must notify the heads of all relevant federal agencies of the request, including the project to be reviewed and the date for the meeting. The Interior must also provide for the extension

This bill provides funding for the Central Valley Project (CVPP) and the State Water Project (SVP) in California. Specifically, the bill provides funds for the CVP and the SVP through FY2026. The bill also provides funding to the State of California for emergency projects to address drought in the state. The Department of the Interior must notify the heads of all relevant federal agencies of the request, including the project to be reviewed and the date for the meeting. Interior must issue a final decision on the project in writing within 10 days of the requested meeting.

This bill extends through FY2031 the authority of the U.S. Army Corps of Engineers and the Department of Commerce to direct the operations of the Central Valley Project and the State Water Project to provide the maximum quantity of water supplies possible to agricultural, municipal and industrial, and refuge service and repayment contractors, and state water project contractors, by approving, consistent with applicable laws (including regulations), any project or operations to provide additional water supplies if there is any possible way that Commerce and Interior can do so unless the project is a highly inefficient way of providing additional supplies, and any projects or operations as quickly as possible based on available

This bill provides drought relief in California. Specifically, the bill terminates the Central Valley Project and the State Water Project. The Department of Commerce and the Department of the Interior must direct the operations of the projects to provide the maximum quantity of water supplies possible to agricultural, municipal and industrial, and refuge service and repayment contractors, and state water project contractors, by approving, consistent with applicable laws, any project or operations to provide additional water supplies if there is any possible way that Commerce and Interior can do so unless the project or operation constitute a highly inefficient way of providing additional supplies and by approving projects or operations as quickly as possible based

This bill terminates the authority of the U.S. Army Corps of Engineers to operate the Central Valley Project and the State Water Project in California. The bill also requires the Department of the Interior to ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this bill would not be necessary. Interior must also report on the status of feasibility studies undertaken pursuant to this bill.

This bill directs the Department of the Interior and the California Department of Agriculture (USDA) to provide emergency water supplies to California. Specifically, the bill directs Interior to operate the Central Valley Project, to the extent excess capacity in the project facilities exists, to divert water that otherwise would have been diverted by the State Water Project. The bill also directs USDA and USDA to take specified actions to address the impacts of the drought on the Sacramento River and its tributaries, including by (1) providing emergency water to the Stater Water Project, and (2) providing additional water to California's Department of Fish and Wildlife.

To provide drought relief in the State of California, and for other                 The State of the United States of America in Congress assembled, and to provide for the biological project ( Fish and Wildlife Service for long-term operations of the State Human Water Project and State Water Project on October 21, 2019. This Act may be cited as the ``Necessary to Ensure Expeditious �Delivery of Water Act'' or the ``NEED Water Act''.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-

International Affairs

To restore the separation of powers between the Congress and the President. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Separation of Powers Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As a limit on governmental power, Constitutional framers vested Federal powers in three coequal branches of government, each with unique and limited powers and each with a coequal duty to uphold and sustain the Constitution of the United States. (2) A Supreme Court justice stated, ``The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.'' Myers v. United States, 272 U.S. 52, 293 (1926) (Brandeis, J., dissenting). (3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. (4) Article I of the Constitution provides, ``All legislative powers herein granted shall be vested in a Congress of the United States.''. (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 85th Cong., 1st Sess., Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. Print 1957). (6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.'''. (Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)). (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. SEC. 3. SEPARATION OF POWERS RESTORING RESCISSIONS. (a) Repeal of War Powers Resolution.--The War Powers Resolution (50 U.S.C. 1541 et seq.) is repealed. (b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. Such termination shall not affect-- (A) any action taken or proceeding pending not finally concluded or determined on such date; (B) any action or proceeding based on any act committed prior to such date; or (C) any rights or duties that matured or penalties that were incurred prior to such date. (2) Definition.--For the purpose of this subsection, the term ``national emergency'' means a general declaration of emergency made by the President or any other officer or employee of the executive branch. (c) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. SEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. (a) Statement of Authority.--The President shall include with each Presidential order a statement of the specific statutory or constitutional provision which in fact grants the President the authority claimed for such action. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. SEC. 5. EFFECT OF PRESIDENTIAL ORDERS. (a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. (b) Exceptions.--Subsection (a) does not apply to-- (1) a reprieve or pardon for an offense against the United States, except in cases of impeachment; (2) an order given to military personnel pursuant to duties specifically related to actions taken as Commander in Chief of the Armed Forces; or (3) a Presidential order citing the specific congressional enactment relied upon for the authority exercised in such order and-- (A) issued pursuant to such authority; (B) commensurate with the limit imposed by the plain language of such authority; and (C) not issued pursuant to a ratified or unratified treaty or bilateral or multilateral agreement which-- (i) violates the ninth or tenth amendments to the Constitution; or (ii) makes a delegation of power to a foreign government or international body when no such delegating authority exists under the Constitution. SEC. 6. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. The following persons may bring an action in an appropriate United States court to challenge the validity of any Presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution: (1) Congress and its members.--The House of Representatives, the Senate, any Senator, and any Representative to the House of Representatives, if the challenged Presidential order-- (A) infringes on any power of Congress; (B) exceeds any power granted by a congressional enactment; or (C) violates section 4 because it does not state the statutory authority which in fact grants the President the power claimed for the action taken in such Presidential order. (2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. (3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. SEC. 7. DEFINITION OF PRESIDENTIAL ORDER. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch. <all>

This bill restricts the scope of presidential orders. A presidential order means any executive order, presidential proclamation, or presidential directive, as well as any other presidential or executive action issued under the authority of the President or other federal officer or employee that purports to effect standards and norms outside of the executive branch. Specifically, the bill limits the application of a presidential order to the executive branch unless the order is issued pursuant to certain presidential powers under the Constitution or statutory authority. The bill further specifies that the President may not issue an order under a ratified or unratified treaty (or bilateral or multilateral agreement) if the treaty (1) violates constitutional protections for rights retained by the people or powers reserved to the states, or (2) delegates power to a foreign government or international body absent constitutional authority. When issuing a presidential order, the President must cite to the applicable constitutional or statutory authority. A presidential order without this citation is invalid. Members of Congress, nonfederal government officials, and aggrieved persons may challenge an order's validity on the basis that it exceeds the President's constitutional or statutory authority. The bill also repeals the War Powers Resolution (a joint resolution that outlines procedures for Congress and the President to participate in decisions to send Armed Forces into hostilities) and terminates emergency authorities available to the President and other federal officers and employees for responding to a declared national emergency.

To restore the separation of powers between the Congress and the President. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Separation of Powers Restoration Act''. 2. FINDINGS. (2) A Supreme Court justice stated, ``The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.'' (4) Article I of the Constitution provides, ``All legislative powers herein granted shall be vested in a Congress of the United States.''. 85th Cong., 1st Sess., Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. Print 1957). (Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)). (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. 3. (a) Repeal of War Powers Resolution.--The War Powers Resolution (50 U.S.C. 1541 et seq.) is repealed. Such termination shall not affect-- (A) any action taken or proceeding pending not finally concluded or determined on such date; (B) any action or proceeding based on any act committed prior to such date; or (C) any rights or duties that matured or penalties that were incurred prior to such date. (2) Definition.--For the purpose of this subsection, the term ``national emergency'' means a general declaration of emergency made by the President or any other officer or employee of the executive branch. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. (a) Statement of Authority.--The President shall include with each Presidential order a statement of the specific statutory or constitutional provision which in fact grants the President the authority claimed for such action. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. 5. EFFECT OF PRESIDENTIAL ORDERS. (a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. 6. (3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. SEC. 7.

To restore the separation of powers between the Congress and the President. 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. (2) A Supreme Court justice stated, ``The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.'' (4) Article I of the Constitution provides, ``All legislative powers herein granted shall be vested in a Congress of the United States.''. Print 1957). (Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)). (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. 3. (a) Repeal of War Powers Resolution.--The War Powers Resolution (50 U.S.C. 1541 et seq.) is repealed. Such termination shall not affect-- (A) any action taken or proceeding pending not finally concluded or determined on such date; (B) any action or proceeding based on any act committed prior to such date; or (C) any rights or duties that matured or penalties that were incurred prior to such date. (2) Definition.--For the purpose of this subsection, the term ``national emergency'' means a general declaration of emergency made by the President or any other officer or employee of the executive branch. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. (a) Statement of Authority.--The President shall include with each Presidential order a statement of the specific statutory or constitutional provision which in fact grants the President the authority claimed for such action. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. 5. EFFECT OF PRESIDENTIAL ORDERS. 6. (3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. SEC. 7.

To restore the separation of powers between the Congress and the President. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Separation of Powers Restoration Act''. 2. FINDINGS. Congress finds the following: (1) As a limit on governmental power, Constitutional framers vested Federal powers in three coequal branches of government, each with unique and limited powers and each with a coequal duty to uphold and sustain the Constitution of the United States. (2) A Supreme Court justice stated, ``The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.'' Myers v. United States, 272 U.S. 52, 293 (1926) (Brandeis, J., dissenting). (3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. (4) Article I of the Constitution provides, ``All legislative powers herein granted shall be vested in a Congress of the United States.''. 85th Cong., 1st Sess., Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. Print 1957). (Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)). (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. 3. SEPARATION OF POWERS RESTORING RESCISSIONS. (a) Repeal of War Powers Resolution.--The War Powers Resolution (50 U.S.C. 1541 et seq.) is repealed. Such termination shall not affect-- (A) any action taken or proceeding pending not finally concluded or determined on such date; (B) any action or proceeding based on any act committed prior to such date; or (C) any rights or duties that matured or penalties that were incurred prior to such date. (2) Definition.--For the purpose of this subsection, the term ``national emergency'' means a general declaration of emergency made by the President or any other officer or employee of the executive branch. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. (a) Statement of Authority.--The President shall include with each Presidential order a statement of the specific statutory or constitutional provision which in fact grants the President the authority claimed for such action. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. 5. EFFECT OF PRESIDENTIAL ORDERS. (a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. (b) Exceptions.--Subsection (a) does not apply to-- (1) a reprieve or pardon for an offense against the United States, except in cases of impeachment; (2) an order given to military personnel pursuant to duties specifically related to actions taken as Commander in Chief of the Armed Forces; or (3) a Presidential order citing the specific congressional enactment relied upon for the authority exercised in such order and-- (A) issued pursuant to such authority; (B) commensurate with the limit imposed by the plain language of such authority; and (C) not issued pursuant to a ratified or unratified treaty or bilateral or multilateral agreement which-- (i) violates the ninth or tenth amendments to the Constitution; or (ii) makes a delegation of power to a foreign government or international body when no such delegating authority exists under the Constitution. 6. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. (2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. (3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. SEC. 7.

To restore the separation of powers between the Congress and the President. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Separation of Powers Restoration Act''. 2. FINDINGS. Congress finds the following: (1) As a limit on governmental power, Constitutional framers vested Federal powers in three coequal branches of government, each with unique and limited powers and each with a coequal duty to uphold and sustain the Constitution of the United States. (2) A Supreme Court justice stated, ``The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.'' Myers v. United States, 272 U.S. 52, 293 (1926) (Brandeis, J., dissenting). (3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. (4) Article I of the Constitution provides, ``All legislative powers herein granted shall be vested in a Congress of the United States.''. (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 85th Cong., 1st Sess., Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. Print 1957). (6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.'''. (Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)). (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. 3. SEPARATION OF POWERS RESTORING RESCISSIONS. (a) Repeal of War Powers Resolution.--The War Powers Resolution (50 U.S.C. 1541 et seq.) is repealed. (b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. Such termination shall not affect-- (A) any action taken or proceeding pending not finally concluded or determined on such date; (B) any action or proceeding based on any act committed prior to such date; or (C) any rights or duties that matured or penalties that were incurred prior to such date. (2) Definition.--For the purpose of this subsection, the term ``national emergency'' means a general declaration of emergency made by the President or any other officer or employee of the executive branch. (c) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. (a) Statement of Authority.--The President shall include with each Presidential order a statement of the specific statutory or constitutional provision which in fact grants the President the authority claimed for such action. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. 5. EFFECT OF PRESIDENTIAL ORDERS. (a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. (b) Exceptions.--Subsection (a) does not apply to-- (1) a reprieve or pardon for an offense against the United States, except in cases of impeachment; (2) an order given to military personnel pursuant to duties specifically related to actions taken as Commander in Chief of the Armed Forces; or (3) a Presidential order citing the specific congressional enactment relied upon for the authority exercised in such order and-- (A) issued pursuant to such authority; (B) commensurate with the limit imposed by the plain language of such authority; and (C) not issued pursuant to a ratified or unratified treaty or bilateral or multilateral agreement which-- (i) violates the ninth or tenth amendments to the Constitution; or (ii) makes a delegation of power to a foreign government or international body when no such delegating authority exists under the Constitution. 6. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. (2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. (3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. SEC. 7.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.'''. ( (b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. c) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. ( 2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. ( 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. ( STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. ( STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.'''. ( (b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. c) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. ( 2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. ( 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. ( STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.'''. ( (b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. c) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. ( 2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. ( 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. ( STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.'''. ( (b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. c) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. ( 2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. ( 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order.

To restore the separation of powers between the Congress and the President. 3) James Madison, quoting Montesquieu, stated in Federalist 47, ``There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''. ( Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. ( STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. 3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch.

To restore the separation of powers between the Congress and the President. 6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.'''. ( ( c) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. ( b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment.

This bill requires the President to submit to Congress a joint resolution of disapproval of the President's executive actions that violate the separation of powers between the Congress and the President. The resolution must be submitted within 30 days of the enactment of this bill.

This bill repeals the War Powers Resolution of Youngstown, Ohio, which authorizes the President to assign POW-related powers to the Department of Defense (DOD). The bill also repeals provisions relating to POW/MIA POW/MIAs, POW/IMMIGRANTS, POW-MIA Treaties, and POW-PIO Treaties.

This bill requires the President to include with each presidential order a statement of the specific statutory or constitutional provision that grants the President the authority claimed for such action. It also repeals the War Powers Resolution.

This bill requires the President to include with each presidential order a statement of the specific statutory or constitutional provision that grants the President the authority claimed for such action. The President must also include such a statement with each national emergency declaration of emergency declaration. A presidential order that does not include the statement is invalid, to the extent such order is issued under authority granted by a congressional enactment.

This bill repeals the War Powers Resolution and requires the President to include with each presidential order a statement of the specific statutory or constitutional provision that grants the President the authority claimed for such action.

This bill removes the separation of powers between the Congress and the President. Specifically, the bill repeals the War Powers Resolution (War Powers Resolution) and terminates all powers and authorities possessed by the President, any other officer or employee of the federal government, or any executive agency as a result of a declaration of national emergency. The President must include in each presidential order a statement of the specific statutory or constitutional authority granted to the President by the bill. The bill terminates 90 days after the enactment of this bill.

This bill requires the President to terminate all powers and authorities possessed by the President, any other officer or employee of the federal government, or any executive agency, as a result of a declaration of national emergency within 90 days of enactment of this bill. The President may not issue an executive order, proclamation, or directive purporting to have normative effect outside the executive branch that is issued under the authority of the President or any other executive branch officer, employee, or employee. The bill also requires Congress to submit to the President a statement of congressional authority for such orders.

This bill terminates all powers and authorities possessed by the President, any other officer or employee of the federal government, or any executive agency as a result of any declaration of national emergency in effect on the date of enactment of this bill.

To restore the separation of powers between the Congress and the                 the President of the United States of America, and to provide that the powers vested in the Congress by the Constitution are not delegated to the President, but are vested by the Congress in the President at the time of his election, and that the President shall have the power to make and enforce such powers as he shall deem necessary and proper to carry out the Constitution of the � United States.▬▬▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬ ▬▬▬▬▬ ▬ ▬▬ ▬▬▬ ▬▬

Environmental Protection

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chincoteague Water Well Replacement Act''. SEC. 2. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA. (a) In General.--Notwithstanding any other provision of law, during the ten-year period beginning on the date of the enactment of this division, the Administrator of the National Aeronautics and Space Administration may enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with-- (1) the removal of drinking water wells located on property administered by the Administration; (2) the relocation of such wells to property under the administrative control, through lease, ownership, or easement, of the town; and (3) the installation or development of alternative drinking water infrastructure. (b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a). <all>

This bill authorizes the National Aeronautics and Space Administration (NASA) to reimburse the town of Chincoteague, Virginia, for costs associated with the removal, relocation, and replacement of drinking water wells located on NASA property.

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chincoteague Water Well Replacement Act''. SEC. 2. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA. (a) In General.--Notwithstanding any other provision of law, during the ten-year period beginning on the date of the enactment of this division, the Administrator of the National Aeronautics and Space Administration may enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with-- (1) the removal of drinking water wells located on property administered by the Administration; (2) the relocation of such wells to property under the administrative control, through lease, ownership, or easement, of the town; and (3) the installation or development of alternative drinking water infrastructure. (b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a). <all>

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chincoteague Water Well Replacement Act''. SEC. 2. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA. (a) In General.--Notwithstanding any other provision of law, during the ten-year period beginning on the date of the enactment of this division, the Administrator of the National Aeronautics and Space Administration may enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with-- (1) the removal of drinking water wells located on property administered by the Administration; (2) the relocation of such wells to property under the administrative control, through lease, ownership, or easement, of the town; and (3) the installation or development of alternative drinking water infrastructure. (b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a). <all>

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chincoteague Water Well Replacement Act''. SEC. 2. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA. (a) In General.--Notwithstanding any other provision of law, during the ten-year period beginning on the date of the enactment of this division, the Administrator of the National Aeronautics and Space Administration may enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with-- (1) the removal of drinking water wells located on property administered by the Administration; (2) the relocation of such wells to property under the administrative control, through lease, ownership, or easement, of the town; and (3) the installation or development of alternative drinking water infrastructure. (b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a). <all>

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chincoteague Water Well Replacement Act''. SEC. 2. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA. (a) In General.--Notwithstanding any other provision of law, during the ten-year period beginning on the date of the enactment of this division, the Administrator of the National Aeronautics and Space Administration may enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with-- (1) the removal of drinking water wells located on property administered by the Administration; (2) the relocation of such wells to property under the administrative control, through lease, ownership, or easement, of the town; and (3) the installation or development of alternative drinking water infrastructure. (b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a). <all>

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

To provide for drinking water well replacement for Chincoteague, Virginia, and for other purposes. b) Authorization of Appropriations.--There is authorized to be appropriated $14,000,000 to carry out this section, to remain available until expended, subject to the time period specified in subsection (a).

This bill authorizes the National Aeronautics and Space Administration to enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with (1) the removal of drinking water wells located on property administered by the administration, (2) the relocation of such wells to property under the administrative control of the town, and (3) the installation or development of alternative drinking water infrastructure.

This bill authorizes the National Aeronautics and Space Administration (NASA) to enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with (1) the removal of drinking water wells located on NASA property, (2) the relocation of such wells to property under the administrative control of the town, and (3) the installation or development of alternative drinking water infrastructure.

This bill authorizes the National Aeronautics and Space Administration to enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with (1) the removal of drinking water wells located on property administered by the administration, (2) the relocation of such wells to property under the administrative control of the town, and (3) the installation or development of alternative drinking water infrastructure.

This bill authorizes the National Aeronautics and Space Administration to enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with (1) the removal of drinking water wells located on property administered by the administration, (2) the relocation of such wells to property under the administrative control of the town, and (3) the installation or development of alternative drinking water infrastructure.

This bill authorizes the National Aeronautics and Space Administration (NASA) to enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with (1) the removal of drinking water wells located on NASA property, (2) the relocation of such wells to property under the administrative control of the town, and (3) the installation or development of alternative drinking water infrastructure.

This bill authorizes the National Aeronautics and Space Administration (NASA) to enter into one or more agreements with the town of Chincoteague, Virginia, to reimburse the town for costs that are directly associated with (1) the removal of drinking water wells located on NASA property, (2) the relocation of such wells to property under the administrative control of the town, and (3) the installation or development of alternative drinking water infrastructure.

This bill provides for the replacement of drinking water wells in Chincoteague, Virginia.

This bill requires the Department of Health and Human Services to carry out a program to replace drinking water wells in Chincoteague, Virginia.

To provide for drinking water well replacement for Chincoteague,                 The United States of America in Congress assembled, and for other purposes.▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬▬▬▬▬ ▬▬▬▬░▬▬▬▬░░░░░░░▬▬▬▀▀▀ ▬▬░▀▀ ▼ ▼ ▬▬░░░▀ ▬▀ ░░░░▀ ▀ ▼▀ ▾ ▼▼ ▾▼ ▬ ▬ ▼Â ▬▼▲▲ ▲ ▼╯ ▼┼ ▲

Taxation

To reform the resources available to the Internal Revenue Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Customer Service and Transformation Act of 2022''. SEC. 2. PURPOSE. The purpose of this Act is to address processing backlogs with respect to income tax returns and improve taxpayer services, including by-- (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate Internal Revenue Service systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the Internal Revenue Service can support taxpayers, increase compliance, and increase the efficiency of Internal Revenue Service activities through the use of improved methods and technology. SEC. 3. IMPROVING CUSTOMER SERVICE AND TECHNOLOGY AT THE INTERNAL REVENUE SERVICE. (a) Multi-Year Operational Plan.-- (1) Initial plan.--Not later than 6 months after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a plan detailing how the Commissioner intends to meet customer service and technology modernization objectives, modernize information technology, and implement improved methods and technology to support taxpayers and increase the efficiency of Internal Revenue Service tax return and correspondence processing, including a specific timeline and detailed description of which elements of the Taxpayer First Act Report (as submitted to Congress on January 1, 2021) would be implemented and the amount and source of any funding required. (2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. (3) Reports by government accountability office.--For each calendar year after 2022 and before 2032, the Comptroller General shall report to the Committees on Finance, Appropriations, and Governmental Affairs of the Senate, and to the Committees on Ways and Means, Appropriations, and Government Reform and Oversight of the House of Representatives, with respect to-- (A) strategic and business plans for the Internal Revenue Service; (B) progress of the Internal Revenue Service in meeting its objectives; (C) the budget for the Internal Revenue Service and whether it supports its objectives; (D) progress of the Internal Revenue Service in improving taxpayer service and compliance; (E) progress of the Internal Revenue Service on technology modernization; (F) the status and progress of processing backlogs for taxpayer returns and correspondence; and (G) the status and progress of plan described in paragraph (1). (b) Customer Service and Electronic Filing Requirements.-- (1) Customer service.-- (A) In general.--Not later than January 1, 2025, the Internal Revenue Service shall, to the extent possible-- (i) with respect to level-of-service measures (including all communication channels, such as phones and secure messaging) for wait- and-response times (as determined based on data for the most recently completed 3-year period), attain not less than 90 percent level-of- service; (ii) employ callback service on not less than 95 percent of telephone calls made by taxpayers which are not answered within 3 minutes; (iii) process all taxpayer correspondence not later than 45 days following the date of receipt; and (iv) develop and deploy technology for secure communication with taxpayers through e- mail, secure messaging, text messages, video teleconferencing, or other similar technologies. (B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. (2) Electronic forms and filing.-- (A) Forms.--Not later than January 1, 2026, any forms used by the Internal Revenue Service which are made available to the public shall-- (i) bear a code that, when scanned, converts such form to electronic format (or which is functionally similar or applies more up-to-date technology); (ii) allow for optical character recognition software (or functionally similar technology) to transcribe all paper returns which do not contain the technology described in clause (i); and (iii) be permitted to be filed electronically within 90 days of release, including-- (I) automated translation of such forms into other languages; and (II) establishment of secure digital signature technology. (B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. SEC. 4. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate. <all>

This bill requires the Internal Revenue Service (IRS) to submit an initial plan to Congress to address how it intends to meet customer service and technology modernization and related objectives. The IRS must submit semiannual updates to the plan, indicate progress made in implementing the plan, and any changes or challenges in implementing the plan. The bill requires the Government Accountability Office in each calendar year after 2022 and before 2032, to report to specified congressional committees on various matters relating to the IRS, including the progress of the IRS in meeting its objectives and on technology modernization. The bill sets forth customer service objectives that the IRS must accomplish not later than January 1, 2025. It must make available to the public not later than January 1, 2026, certain electronic forms and filing procedures. Finally, the National Taxpayer Advocate is authorized to appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.

SHORT TITLE. 2. PURPOSE. The purpose of this Act is to address processing backlogs with respect to income tax returns and improve taxpayer services, including by-- (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate Internal Revenue Service systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the Internal Revenue Service can support taxpayers, increase compliance, and increase the efficiency of Internal Revenue Service activities through the use of improved methods and technology. 3. IMPROVING CUSTOMER SERVICE AND TECHNOLOGY AT THE INTERNAL REVENUE SERVICE. (2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. (B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. SEC. 4. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''.

SHORT TITLE. 2. PURPOSE. 3. IMPROVING CUSTOMER SERVICE AND TECHNOLOGY AT THE INTERNAL REVENUE SERVICE. (2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. (B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. SEC. 4. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''.

To reform the resources available to the Internal Revenue Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Customer Service and Transformation Act of 2022''. 2. PURPOSE. The purpose of this Act is to address processing backlogs with respect to income tax returns and improve taxpayer services, including by-- (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate Internal Revenue Service systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the Internal Revenue Service can support taxpayers, increase compliance, and increase the efficiency of Internal Revenue Service activities through the use of improved methods and technology. 3. IMPROVING CUSTOMER SERVICE AND TECHNOLOGY AT THE INTERNAL REVENUE SERVICE. (2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. (b) Customer Service and Electronic Filing Requirements.-- (1) Customer service.-- (A) In general.--Not later than January 1, 2025, the Internal Revenue Service shall, to the extent possible-- (i) with respect to level-of-service measures (including all communication channels, such as phones and secure messaging) for wait- and-response times (as determined based on data for the most recently completed 3-year period), attain not less than 90 percent level-of- service; (ii) employ callback service on not less than 95 percent of telephone calls made by taxpayers which are not answered within 3 minutes; (iii) process all taxpayer correspondence not later than 45 days following the date of receipt; and (iv) develop and deploy technology for secure communication with taxpayers through e- mail, secure messaging, text messages, video teleconferencing, or other similar technologies. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. (2) Electronic forms and filing.-- (A) Forms.--Not later than January 1, 2026, any forms used by the Internal Revenue Service which are made available to the public shall-- (i) bear a code that, when scanned, converts such form to electronic format (or which is functionally similar or applies more up-to-date technology); (ii) allow for optical character recognition software (or functionally similar technology) to transcribe all paper returns which do not contain the technology described in clause (i); and (iii) be permitted to be filed electronically within 90 days of release, including-- (I) automated translation of such forms into other languages; and (II) establishment of secure digital signature technology. (B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. SEC. 4. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Customer Service and Transformation Act of 2022''. 2. PURPOSE. The purpose of this Act is to address processing backlogs with respect to income tax returns and improve taxpayer services, including by-- (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate Internal Revenue Service systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the Internal Revenue Service can support taxpayers, increase compliance, and increase the efficiency of Internal Revenue Service activities through the use of improved methods and technology. 3. IMPROVING CUSTOMER SERVICE AND TECHNOLOGY AT THE INTERNAL REVENUE SERVICE. (a) Multi-Year Operational Plan.-- (1) Initial plan.--Not later than 6 months after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a plan detailing how the Commissioner intends to meet customer service and technology modernization objectives, modernize information technology, and implement improved methods and technology to support taxpayers and increase the efficiency of Internal Revenue Service tax return and correspondence processing, including a specific timeline and detailed description of which elements of the Taxpayer First Act Report (as submitted to Congress on January 1, 2021) would be implemented and the amount and source of any funding required. (2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. (b) Customer Service and Electronic Filing Requirements.-- (1) Customer service.-- (A) In general.--Not later than January 1, 2025, the Internal Revenue Service shall, to the extent possible-- (i) with respect to level-of-service measures (including all communication channels, such as phones and secure messaging) for wait- and-response times (as determined based on data for the most recently completed 3-year period), attain not less than 90 percent level-of- service; (ii) employ callback service on not less than 95 percent of telephone calls made by taxpayers which are not answered within 3 minutes; (iii) process all taxpayer correspondence not later than 45 days following the date of receipt; and (iv) develop and deploy technology for secure communication with taxpayers through e- mail, secure messaging, text messages, video teleconferencing, or other similar technologies. (B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. (2) Electronic forms and filing.-- (A) Forms.--Not later than January 1, 2026, any forms used by the Internal Revenue Service which are made available to the public shall-- (i) bear a code that, when scanned, converts such form to electronic format (or which is functionally similar or applies more up-to-date technology); (ii) allow for optical character recognition software (or functionally similar technology) to transcribe all paper returns which do not contain the technology described in clause (i); and (iii) be permitted to be filed electronically within 90 days of release, including-- (I) automated translation of such forms into other languages; and (II) establishment of secure digital signature technology. (B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. SEC. 4. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. This Act may be cited as the ``IRS Customer Service and Transformation Act of 2022''. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. ( ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. ( b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. ( a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. ( a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. This Act may be cited as the ``IRS Customer Service and Transformation Act of 2022''. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. ( ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. ( b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. ( a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. This Act may be cited as the ``IRS Customer Service and Transformation Act of 2022''. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. ( ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. ( b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. ( a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. This Act may be cited as the ``IRS Customer Service and Transformation Act of 2022''. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. ( ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. COUNSEL IN THE OFFICE OF THE TAXPAYER ADVOCATE. (a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. ( b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. 2) Semiannual updates.--Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including-- (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. B) Adjustment.-- (i) In general.--The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. ( a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (b) Purpose.--The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206), as set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-599, that the National Taxpayer Advocate be able to hire and consult counsel as appropriate.

To reform the resources available to the Internal Revenue Service, and for other purposes. ii) Report.--In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to-- (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. B) Digitization of forms.--Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (I), by striking ``and'' at the end, (2) in subclause (II), by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.''. (

This bill requires the Internal Revenue Service (IRS) to submit to Congress a plan detailing how the IRS intends to meet customer service and technology modernization objectives, modernize information technology, and implement other measures to address processing backlogs with respect to income tax returns and improve taxpayer services.

This bill requires the Internal Revenue Service (IRS) to submit to Congress a plan detailing how the IRS intends to meet customer service and technology modernization objectives, modernize information technology, and implement improved methods and technology to support taxpayers and increase the efficiency of tax return and correspondence processing, including a specific timeline and detailed description of which elements of the Taxpayer First Act Report would be implemented and the amount and source of any funding required.

This bill requires the Internal Revenue Service (IRS) to establish a plan to improve the customer service and technology at the IRS. The IRS must also appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Tax

This bill requires the Internal Revenue Service (IRS) to establish a plan to address processing backlogs with respect to income tax returns and improve taxpayer services, including by (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate IRS systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the IRS can support taxpayers, increase compliance, and increase the efficiency of IRS activities through the use of improved methods and technology.

This bill requires the Internal Revenue Service (IRS) to implement a plan to address processing backlogs with respect to income tax returns and improve taxpayer services, including by (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate IRS systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the IRS can support taxpayers, increase compliance, and increase the efficiency of IRS activities through the use of improved methods and technology.

This bill requires the Internal Revenue Service (IRS) to implement a plan to meet customer service and technology modernization objectives, modernize information technology, and implement improved methods and technology to support taxpayers and increase the efficiency of IRS tax return and correspondence processing. The bill also requires forms used by the IRS to bear a code that, when scanned, converts such form to electronic format (or which is functionally similar or applies more up-to-date technology).

This bill revises the structure of the Internal Revenue Service (IRS), including by (1) establishing the Office of the Taxpayer Advocate to report directly to the IRS, and (2) requiring the IRS to establish a strategic plan to improve the efficiency and effectiveness of the IRS. The bill also requires the IRS and the Department of Justice (DOJ) to report to Congress on the implementation of the plan and any changes in circumstances or challenges in implementing the plan.

This bill requires the Internal Revenue Service (IRS) to establish a strategic plan to improve the efficiency and effectiveness of the IRS's customer service and administrative functions. The bill also requires the IRS to establish the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocacy Center. The office must (1) develop and implement the plan, and (2) report on the progress made in implementing the plan and any changes in circumstances or challenges in implementing it.

To reform the resources available to the Internal Revenue Service, and to improve taxpayer services, and for other purposes.                                 Be it enacted by the Senate and House of Representatives of the                United States of America in Congress assembled,                                                SECTION 1. SHORT TITLE.                 (1. PURPOSE.        (1. 1. 2. 3. 4.                )                 (2)        The purpose of this Act is to address processing backlogs with                respect to income tax returns and improve taxpayer service, including                by

Commerce

To amend title 35, United States Code, to address patent ownership, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pride in Patent Ownership Act''. SEC. 2. PATENTS. (a) Amendments to Title 35.-- (1) In general.--Title 35, United States Code, is amended-- (A) in chapter 11, by adding at the end the following: ``Sec. 124. Government funding of patent applications and maintenance fees ``(a) Government Funding of Patent Applications.--For any application for patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for prosecution of the application, the application shall include, or be amended to include, a statement describing the amount and source of the funding provided by the entity. ``(b) Government Funding of Maintenance Fees.--For any patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying maintenance fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for submitting those maintenance fees, the patentee shall file a separate statement describing the amount and source of the funding provided by the entity.''; and (B) in section 261-- (i) by striking the first undesignated paragraph and inserting the following: ``(a) In General.-- ``(1) Attributes of personal property.--Subject to the provisions of this title, patents shall have the attributes of personal property. ``(2) Register of interests.-- ``(A) In general.--The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor. ``(B) Public availability.--The Office shall make the information described in subparagraph (A) publicly accessible, to the extent permitted by law. ``(3) Requirement to record certain assignments and other interests.-- ``(A) In general.--Whenever a patent issues, or certain rights or interests in a patent (as defined by the Director) are assigned, granted, or conveyed to any person, including a governmental or legal entity, including a parent corporation-- ``(i) the patentee shall, not later than 90 days after the effective date of the issuance, assignment, grant, or conveyance, as applicable, submit, or cause to be submitted, a request described in paragraph (2), unless such a request was submitted before the issuance of the patent; and ``(ii) the Office shall, not later than 60 days after the date on which the Office receives a request submitted under clause (i)-- ``(I) notify the patentee regarding any error in the request; or ``(II) record the interest in the register described in paragraph (2). ``(B) Effect of failure to comply.--If a patentee fails to comply with subparagraph (A)(i), no party may recover, for infringement of the applicable patent in any action, increased monetary damages under section 284 during the period beginning on the date that is 91 days after the effective date of the issuance, assignment, grant, or conveyance with respect to the patent, as applicable, and ending on the date on which that issuance, assignment, grant, or conveyance is properly requested to be recorded under paragraph (2).''; (ii) in the first undesignated paragraph following subsection (a), as so designated by clause (i) of this subparagraph, by striking ``Applications'' and inserting the following: ``(b) Applications and Patents Assignable.--Applications''; (iii) in the first undesignated paragraph following subsection (b), as so designated by clause (ii) of this subparagraph, by striking ``A certificate'' and inserting the following: ``(c) Certificate of Acknowledgment.--A certificate''; and (iv) in the undesignated paragraph following subsection (c), as so designated by clause (iii) of this subparagraph, by striking ``An interest'' and inserting the following: ``(d) Effect of Assignment.--An interest''. (2) Technical and conforming amendment.--The table of sections for chapter 11 of title 35, United States Code, is amended by adding at the end the following: ``124. Government funding of patent applications and maintenance fees.''. (3) Effective dates; applicability.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) Amendments regarding ownership and assignment.-- (i) In general.--Except as provided in clause (ii), the amendments made by paragraph (1)(B) shall take effect on the date of enactment of this Act. (ii) Requirement to record assignments and certain other interests.--Paragraph (3) of subsection (a) of section 261 of title 35, United States Code, as so designated by paragraph (1)(B)(i) of this subsection, shall-- (I) take effect on the effective date described in subparagraph (A); and (II) apply with respect to any patent issuance, assignment, grant, or conveyance that occurs on or after the effective date described in subclause (I). (b) Rules.--Not later than 1 year after the date of enactment of this Act, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (referred to in this section as the ``Director'') shall issue rules that accomplish the following: (1)(A) Define the term ``certain rights or interests in a patent'' for the purposes of subsection (a)(3) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section. (B) For the purposes of subparagraph (A), the Director may review rules defining the term ``beneficial owner'' issued by other Federal entities and agencies, including the Committee on Foreign Investment in the United States, the Department of the Treasury, and the Securities and Exchange Commission. (2) Establish procedures for the proper recording of interests in patents that-- (A) provide for-- (i) notice of any error in a request submitted under subsection (a)(2) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section; and (ii) an opportunity to correct an error described in clause (i) not later than 60 days after the date on which the Director notifies the submitting party regarding the error; and (B) describe-- (i) which types of errors described in subparagraph (A)(i) are eligible for correction without having to change the date of submission of the original request; and (ii) which types of errors described in subparagraph (A)(i) must result in a new request with a new submission date. (3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124. (4) Otherwise implement the amendments made by subsection (a)(1). (c) Register.--Not later than 2 years after the date of enactment of this Act, the Director shall, with respect to the register described in subsection (a)(2) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section, create a publicly accessible database that is digitally searchable with fields based on patent number, assignee, assignor, assignment date, and other criteria determined by the Director. <all>

This bill requires disclosure of certain patent-related information, including information about ownership and funding. Under the bill, if a foreign or domestic governmental entity provides funding for fees related to a patent application or for paying an attorney (or patent agent) to prosecute the patent application, the application must disclose the amount and source of such funding. Similarly, if any governmental entity provides funding for paying a patent's maintenance fees or for paying an attorney (or patent agent) to submit such maintenance fees, the patent owner must submit a statement disclosing the amount and source of such funding. The bill also requires patent owners to record information about the ownership of a patent with the U.S. Patent and Trademark Office (USPTO). Patent owners must also update this information when certain rights or interests in the patent have been conveyed to another individual or entity. A patent owner may not receive increased monetary damages for infringement of that patent that occurred while the owner was out of compliance with this ownership information recordation requirement. The USPTO must make this ownership information publicly available.

To amend title 35, United States Code, to address patent ownership, and for other purposes. SEC. 2. PATENTS. 124. ``(b) Government Funding of Maintenance Fees.--For any patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying maintenance fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for submitting those maintenance fees, the patentee shall file a separate statement describing the amount and source of the funding provided by the entity. ''; and (B) in section 261-- (i) by striking the first undesignated paragraph and inserting the following: ``(a) In General.-- ``(1) Attributes of personal property.--Subject to the provisions of this title, patents shall have the attributes of personal property. ``(3) Requirement to record certain assignments and other interests.-- ``(A) In general.--Whenever a patent issues, or certain rights or interests in a patent (as defined by the Director) are assigned, granted, or conveyed to any person, including a governmental or legal entity, including a parent corporation-- ``(i) the patentee shall, not later than 90 days after the effective date of the issuance, assignment, grant, or conveyance, as applicable, submit, or cause to be submitted, a request described in paragraph (2), unless such a request was submitted before the issuance of the patent; and ``(ii) the Office shall, not later than 60 days after the date on which the Office receives a request submitted under clause (i)-- ``(I) notify the patentee regarding any error in the request; or ``(II) record the interest in the register described in paragraph (2). ''; (ii) in the first undesignated paragraph following subsection (a), as so designated by clause (i) of this subparagraph, by striking ``Applications'' and inserting the following: ``(b) Applications and Patents Assignable.--Applications''; (iii) in the first undesignated paragraph following subsection (b), as so designated by clause (ii) of this subparagraph, by striking ``A certificate'' and inserting the following: ``(c) Certificate of Acknowledgment.--A certificate''; and (iv) in the undesignated paragraph following subsection (c), as so designated by clause (iii) of this subparagraph, by striking ``An interest'' and inserting the following: ``(d) Effect of Assignment.--An interest''. Government funding of patent applications and maintenance fees.''. (3) Effective dates; applicability.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) For the purposes of subparagraph (A), the Director may review rules defining the term ``beneficial owner'' issued by other Federal entities and agencies, including the Committee on Foreign Investment in the United States, the Department of the Treasury, and the Securities and Exchange Commission. (3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124.

To amend title 35, United States Code, to address patent ownership, and for other purposes. SEC. 2. PATENTS. 124. ``(3) Requirement to record certain assignments and other interests.-- ``(A) In general.--Whenever a patent issues, or certain rights or interests in a patent (as defined by the Director) are assigned, granted, or conveyed to any person, including a governmental or legal entity, including a parent corporation-- ``(i) the patentee shall, not later than 90 days after the effective date of the issuance, assignment, grant, or conveyance, as applicable, submit, or cause to be submitted, a request described in paragraph (2), unless such a request was submitted before the issuance of the patent; and ``(ii) the Office shall, not later than 60 days after the date on which the Office receives a request submitted under clause (i)-- ``(I) notify the patentee regarding any error in the request; or ``(II) record the interest in the register described in paragraph (2). ''; (ii) in the first undesignated paragraph following subsection (a), as so designated by clause (i) of this subparagraph, by striking ``Applications'' and inserting the following: ``(b) Applications and Patents Assignable.--Applications''; (iii) in the first undesignated paragraph following subsection (b), as so designated by clause (ii) of this subparagraph, by striking ``A certificate'' and inserting the following: ``(c) Certificate of Acknowledgment.--A certificate''; and (iv) in the undesignated paragraph following subsection (c), as so designated by clause (iii) of this subparagraph, by striking ``An interest'' and inserting the following: ``(d) Effect of Assignment.--An interest''. Government funding of patent applications and maintenance fees.''. (3) Effective dates; applicability.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124.

To amend title 35, United States Code, to address patent ownership, and for other 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. PATENTS. 124. ``(b) Government Funding of Maintenance Fees.--For any patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying maintenance fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for submitting those maintenance fees, the patentee shall file a separate statement describing the amount and source of the funding provided by the entity. ''; and (B) in section 261-- (i) by striking the first undesignated paragraph and inserting the following: ``(a) In General.-- ``(1) Attributes of personal property.--Subject to the provisions of this title, patents shall have the attributes of personal property. ``(B) Public availability.--The Office shall make the information described in subparagraph (A) publicly accessible, to the extent permitted by law. ``(3) Requirement to record certain assignments and other interests.-- ``(A) In general.--Whenever a patent issues, or certain rights or interests in a patent (as defined by the Director) are assigned, granted, or conveyed to any person, including a governmental or legal entity, including a parent corporation-- ``(i) the patentee shall, not later than 90 days after the effective date of the issuance, assignment, grant, or conveyance, as applicable, submit, or cause to be submitted, a request described in paragraph (2), unless such a request was submitted before the issuance of the patent; and ``(ii) the Office shall, not later than 60 days after the date on which the Office receives a request submitted under clause (i)-- ``(I) notify the patentee regarding any error in the request; or ``(II) record the interest in the register described in paragraph (2). ``(B) Effect of failure to comply.--If a patentee fails to comply with subparagraph (A)(i), no party may recover, for infringement of the applicable patent in any action, increased monetary damages under section 284 during the period beginning on the date that is 91 days after the effective date of the issuance, assignment, grant, or conveyance with respect to the patent, as applicable, and ending on the date on which that issuance, assignment, grant, or conveyance is properly requested to be recorded under paragraph (2). ''; (ii) in the first undesignated paragraph following subsection (a), as so designated by clause (i) of this subparagraph, by striking ``Applications'' and inserting the following: ``(b) Applications and Patents Assignable.--Applications''; (iii) in the first undesignated paragraph following subsection (b), as so designated by clause (ii) of this subparagraph, by striking ``A certificate'' and inserting the following: ``(c) Certificate of Acknowledgment.--A certificate''; and (iv) in the undesignated paragraph following subsection (c), as so designated by clause (iii) of this subparagraph, by striking ``An interest'' and inserting the following: ``(d) Effect of Assignment.--An interest''. (2) Technical and conforming amendment.--The table of sections for chapter 11 of title 35, United States Code, is amended by adding at the end the following: ``124. Government funding of patent applications and maintenance fees.''. (3) Effective dates; applicability.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) For the purposes of subparagraph (A), the Director may review rules defining the term ``beneficial owner'' issued by other Federal entities and agencies, including the Committee on Foreign Investment in the United States, the Department of the Treasury, and the Securities and Exchange Commission. (3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124.

To amend title 35, United States Code, to address patent ownership, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pride in Patent Ownership Act''. SEC. 2. PATENTS. 124. ``(b) Government Funding of Maintenance Fees.--For any patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying maintenance fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for submitting those maintenance fees, the patentee shall file a separate statement describing the amount and source of the funding provided by the entity. ''; and (B) in section 261-- (i) by striking the first undesignated paragraph and inserting the following: ``(a) In General.-- ``(1) Attributes of personal property.--Subject to the provisions of this title, patents shall have the attributes of personal property. ``(2) Register of interests.-- ``(A) In general.--The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor. ``(B) Public availability.--The Office shall make the information described in subparagraph (A) publicly accessible, to the extent permitted by law. ``(3) Requirement to record certain assignments and other interests.-- ``(A) In general.--Whenever a patent issues, or certain rights or interests in a patent (as defined by the Director) are assigned, granted, or conveyed to any person, including a governmental or legal entity, including a parent corporation-- ``(i) the patentee shall, not later than 90 days after the effective date of the issuance, assignment, grant, or conveyance, as applicable, submit, or cause to be submitted, a request described in paragraph (2), unless such a request was submitted before the issuance of the patent; and ``(ii) the Office shall, not later than 60 days after the date on which the Office receives a request submitted under clause (i)-- ``(I) notify the patentee regarding any error in the request; or ``(II) record the interest in the register described in paragraph (2). ``(B) Effect of failure to comply.--If a patentee fails to comply with subparagraph (A)(i), no party may recover, for infringement of the applicable patent in any action, increased monetary damages under section 284 during the period beginning on the date that is 91 days after the effective date of the issuance, assignment, grant, or conveyance with respect to the patent, as applicable, and ending on the date on which that issuance, assignment, grant, or conveyance is properly requested to be recorded under paragraph (2). ''; (ii) in the first undesignated paragraph following subsection (a), as so designated by clause (i) of this subparagraph, by striking ``Applications'' and inserting the following: ``(b) Applications and Patents Assignable.--Applications''; (iii) in the first undesignated paragraph following subsection (b), as so designated by clause (ii) of this subparagraph, by striking ``A certificate'' and inserting the following: ``(c) Certificate of Acknowledgment.--A certificate''; and (iv) in the undesignated paragraph following subsection (c), as so designated by clause (iii) of this subparagraph, by striking ``An interest'' and inserting the following: ``(d) Effect of Assignment.--An interest''. (2) Technical and conforming amendment.--The table of sections for chapter 11 of title 35, United States Code, is amended by adding at the end the following: ``124. Government funding of patent applications and maintenance fees.''. (3) Effective dates; applicability.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (b) Rules.--Not later than 1 year after the date of enactment of this Act, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (referred to in this section as the ``Director'') shall issue rules that accomplish the following: (1)(A) Define the term ``certain rights or interests in a patent'' for the purposes of subsection (a)(3) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section. (B) For the purposes of subparagraph (A), the Director may review rules defining the term ``beneficial owner'' issued by other Federal entities and agencies, including the Committee on Foreign Investment in the United States, the Department of the Treasury, and the Securities and Exchange Commission. (2) Establish procedures for the proper recording of interests in patents that-- (A) provide for-- (i) notice of any error in a request submitted under subsection (a)(2) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section; and (ii) an opportunity to correct an error described in clause (i) not later than 60 days after the date on which the Director notifies the submitting party regarding the error; and (B) describe-- (i) which types of errors described in subparagraph (A)(i) are eligible for correction without having to change the date of submission of the original request; and (ii) which types of errors described in subparagraph (A)(i) must result in a new request with a new submission date. (3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124. (4) Otherwise implement the amendments made by subsection (a)(1). (c) Register.--Not later than 2 years after the date of enactment of this Act, the Director shall, with respect to the register described in subsection (a)(2) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section, create a publicly accessible database that is digitally searchable with fields based on patent number, assignee, assignor, assignment date, and other criteria determined by the Director.

To amend title 35, United States Code, to address patent ownership, and for other purposes. Government funding of patent applications and maintenance fees ``(a) Government Funding of Patent Applications.--For any application for patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for prosecution of the application, the application shall include, or be amended to include, a statement describing the amount and source of the funding provided by the entity. ''; and (B) in section 261-- (i) by striking the first undesignated paragraph and inserting the following: ``(a) In General.-- ``(1) Attributes of personal property.--Subject to the provisions of this title, patents shall have the attributes of personal property. ``(2) Register of interests.-- ``(A) In general.--The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor. ``(B) Effect of failure to comply.--If a patentee fails to comply with subparagraph (A)(i), no party may recover, for infringement of the applicable patent in any action, increased monetary damages under section 284 during the period beginning on the date that is 91 days after the effective date of the issuance, assignment, grant, or conveyance with respect to the patent, as applicable, and ending on the date on which that issuance, assignment, grant, or conveyance is properly requested to be recorded under paragraph (2). ''; ( 2) Technical and conforming amendment.--The table of sections for chapter 11 of title 35, United States Code, is amended by adding at the end the following: ``124. (3) Effective dates; applicability.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. ( b) Rules.--Not later than 1 year after the date of enactment of this Act, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (referred to in this section as the ``Director'') shall issue rules that accomplish the following: (1)(A) Define the term ``certain rights or interests in a patent'' for the purposes of subsection (a)(3) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section. (B) For the purposes of subparagraph (A), the Director may review rules defining the term ``beneficial owner'' issued by other Federal entities and agencies, including the Committee on Foreign Investment in the United States, the Department of the Treasury, and the Securities and Exchange Commission. ( 3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124. ( (c) Register.--Not later than 2 years after the date of enactment of this Act, the Director shall, with respect to the register described in subsection (a)(2) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section, create a publicly accessible database that is digitally searchable with fields based on patent number, assignee, assignor, assignment date, and other criteria determined by the Director.

To amend title 35, United States Code, to address patent ownership, and for other purposes. Government funding of patent applications and maintenance fees ``(a) Government Funding of Patent Applications.--For any application for patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for prosecution of the application, the application shall include, or be amended to include, a statement describing the amount and source of the funding provided by the entity. ``(B) Effect of failure to comply.--If a patentee fails to comply with subparagraph (A)(i), no party may recover, for infringement of the applicable patent in any action, increased monetary damages under section 284 during the period beginning on the date that is 91 days after the effective date of the issuance, assignment, grant, or conveyance with respect to the patent, as applicable, and ending on the date on which that issuance, assignment, grant, or conveyance is properly requested to be recorded under paragraph (2). ''; ( 2) Technical and conforming amendment.--The table of sections for chapter 11 of title 35, United States Code, is amended by adding at the end the following: ``124. (3) Effective dates; applicability.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. ( b) Rules.--Not later than 1 year after the date of enactment of this Act, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (referred to in this section as the ``Director'') shall issue rules that accomplish the following: (1)(A) Define the term ``certain rights or interests in a patent'' for the purposes of subsection (a)(3) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section. ( 3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124. ( 4) Otherwise implement the amendments made by subsection (a)(1). (